Land Protecting 3rd Party Interests Flashcards
What interests must be registered to be legal in registered land?
- Transfer (of freehold/leasehold of any length)
- New lease of 7+ years
- Expressly granted legal easement
- Landlord’s right of entry (right to terminate a lease)
- Legal charges/mortgage
How can equitable easements be protected in registered land? Effect?
- In writing and signed by both parties
- Protected as notice on charges register
Effect:
- binding on purchaser
- if not protected as notice then only binding on transferor
When is estates contract in registered land binding on purchaser for value?
- notice on charges register
When is mortgage binding in registered land?
- If it is legal
- by deed
- registered - If it’s equitable
- in writing and signed by both parties
- registered as notice on charges register
When is an express easement binding on purchaser registered land?
- Is it legal
- for fixed term
- by deed
- registered - Is it equitable
- fixed or uncertain term
- in writing signed by both parties
- registered
When is an implied LEGAL easement binding on purchaser of registered land?
Overriding if:
- It is
- implied into deed or legal lease; OR
- prescription
AND
2: It :
- Is obvious on reasonable inspection of land; OR
- has been used in past 12. months; OR
- In actual knowledge of buyer
When is an implied equitable easement binding on purchaser of registered land?
- Is:
- implied into contract; OR
- equitable lease
AND
- is registered as notice on charges register
When is a legal lease binding on purchaser of registered land?
- Must be:
- deed OR
- short lease (3 years, market rent and immediate occupation)
AND
- If over 7 years
- registered
OR
- Up to 7 years
- binding as overriding interest
When is a equitable lease binding on purchaser of registered land?
- Must be:
- in writing
- all terms
- signed by both parties
AND
- Registered
- notice on charges register
OR
- Person in actual occupation UNLESS
- failed to disclose interest; OR
- not obvious on reasonable inspection of land and not known to buyer
When is interest in a trust on land binding on purchaser of registered land?
- No overreaching
- otherwise not binding
AND
- Person in actual occupation UNLESS
- failed to disclose interest; OR
- not obvious on reasonable inspection of land and not known to buyer
When is estate contract (not including lease) binding on purchaser of registered land?
- Registered
- notice on charges register
OR
- Person in actual occupation UNLESS
- failed to disclose interest; OR
- not obvious on reasonable inspection of land and not known to buyer
When is a restrictive covenant (burden) binding on purchaser of registered land?
- Accommodates Dominant Tenement
- Intended to Run with Land
- always unless contrary intention of OG parties - Registered
- as notice on charges register
- or D(i) Land Charge
When is right of entry binding on purchaser of registered land?
- Is it legal
- deed
- registered - Is it equitable
- writing and signed by parties
- notice on charges register
WRONG:What are the overriding interest?
- Legal mortgage up to 7 years
- Impliedly created legal easements AND:
- Is obvious on reasonable inspection of land; OR
- has been used in past 12. months; OR
- In actual knowledge of buyer
Interest of someone in acctual occupation : unless
- failed to disclose when asked
- not obvious on reasonable inspection and not known
How are 3rd party interests protected in unregistered land?
- Legal Interest
- always bind - Equitable Interests Registrable as Land Charge
- binding only if Registered against full name of current owner - Interests that override first registration
- always binding - Other equitable interest
- only if there is notice
What Equitable Interest are Registrable as Land Charges (what class are they)
Class C
- (Ci) puisne mortgages
- (Cii) limited owners charge
- (Ciii) general equitable charge not covered in other categories
- (Civ) estate contract (includes equiatble leases)
Class D
- (Dii) Restrictive Covenant
- (Diii) Equitable Easement
Class F
- non-owning spouse’s statutory right of occupation of matrimonial home
How must Land Charges be registered in order to be effective?
Must be against name of current estate owner at date of creation
For which equitable interest will doctrine of notice apply?
Any created before 1925
Still
- beneficial interest under trust
When does a purchaser for value have notice of an equitable interest?
Actual Notice
- actual knowledge of equitable interest
Constructive Notice
- would be discoverable through reasonable enquiry
Imputed Notice
- Actual or Constructive notice given to agent of buyer
