Land 6 - Enforcement of Interest un-reg. land Flashcards
What is the consequence of failing to register unregistered title within 2 months following compulsory land registration?
Legal title will revert back to the seller
How are legal and equitable interests enforced against third parties for unregistered land?
Legal:
- pre and post 1926 interests bind the world
Equitable:
- pre-1926 = doctrine of notice;
- post-1926 = land charges (except equitable easements + restrictive covenants created pre-1926; and interests behind a trust in land that haven’t been overreached)
Which post-1926 interests do not need to be entered onto the land charges to be binding?
- pre-1926 equitable easements
- pre-1926 restrictive covenants ; and
- interests behind a trust in land that haven’t been overreached
What is the format of a land charge entered?
Against the name of the landowner at the time the right is granted/created. If the name is wrong, protection fails
What happens if there is a failure to protect an interest against the correct name and a clear search made against the full name(s) as spelt in the title deeds?
Interest is unenforceable and therefore, not binding on new owner of burdened land
What is the effect of being Equities darling?
an equitable interest over land is binding on everyone except ‘equities darling’
What is ‘Equitys Darling’?
- a bona fide (good faith) purchaser
- for value of a
- legal estate (freehold or leasehold)
- without notice (active, constructive or imputed notice)
Equities darling ‘without notice’ - What are the three forms of notice?
- actual
- constructive
- imputed
Equities darling ‘without notice’ - What is imputed notice?
Notice is received by buyer’s agent e.g. solicitor
Equities darling ‘without notice’ - What is constructive notice?
If a purchaser fails to pursue a line of enquiry which he ought reasonably to have been made
If an equitable interest (other than a trust if land which cannot be registered) is not registered, but a purchaser knew about it, will the interest bind in the purchaser for value
No
(but it would bind a donee)
When does the doctrine of notice apply to equitable interests?
- equitable easements and restrictive covenants before 1926 (because required to be registered after this date so will always have notice)
- interests that have not been overreached (because they are not registered).
Can the recipient of a gift be equity’s darling?
No