Land Protecting 3rd Party Interests

Question 1

What interests must be registered to be legal in registered land?

Answer 1

1. Transfer (of freehold/leasehold of any length)
2. New lease of 7+ years
3. Expressly granted legal easement
4. Landlord’s right of entry (right to terminate a lease)
5. Legal charges/mortgage

Question 2

How can equitable easements be protected in registered land? Effect?

Answer 2

1. In writing and signed by both parties
2. Protected as notice on charges register

Effect:
- binding on purchaser
- if not protected as notice then only binding on transferor

Question 3

When is estates contract in registered land binding on purchaser for value?

Answer 3

1. notice on charges register

Question 4

When is mortgage binding in registered land?

Answer 4

1. If it is legal
   - by deed
   - registered
2. If it’s equitable
   - in writing and signed by both parties
   - registered as notice on charges register

Question 5

When is an express easement binding on purchaser registered land?

Answer 5

1. Is it legal
   - for fixed term
   - by deed
   - registered
2. Is it equitable
   - fixed or uncertain term
   - in writing signed by both parties
   - registered

Question 6

When is an implied LEGAL easement binding on purchaser of registered land?

Answer 6

Overriding if:

1. 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

Question 7

When is an implied equitable easement binding on purchaser of registered land?

Answer 7

1. Is:
   - implied into contract; OR
   - equitable lease

AND

2. is registered as notice on charges register

Question 8

When is a legal lease binding on purchaser of registered land?

Answer 8

1. Must be:
   - deed OR
   - short lease (3 years, market rent and immediate occupation)

AND

2. If over 7 years
   - registered

OR

3. Up to 7 years
   - binding as overriding interest

Question 9

When is a equitable lease binding on purchaser of registered land?

Answer 9

1. Must be:
   - in writing
   - all terms
   - signed by both parties

AND

2. Registered
   - notice on charges register

OR

3. Person in actual occupation UNLESS
   - failed to disclose interest; OR
   - not obvious on reasonable inspection of land and not known to buyer

Question 10

When is interest in a trust on land binding on purchaser of registered land?

Answer 10

1. No overreaching
   - otherwise not binding

AND

2. Person in actual occupation UNLESS
   - failed to disclose interest; OR
   - not obvious on reasonable inspection of land and not known to buyer

Question 11

When is estate contract (not including lease) binding on purchaser of registered land?

Answer 11

1. Registered
   - notice on charges register

OR

2. Person in actual occupation UNLESS
   - failed to disclose interest; OR
   - not obvious on reasonable inspection of land and not known to buyer

Question 12

When is a restrictive covenant (burden) binding on purchaser of registered land?

Answer 12

1. Accommodates Dominant Tenement
2. Intended to Run with Land
   - always unless contrary intention of OG parties
3. Registered
   - as notice on charges register
   - or D(i) Land Charge

Question 13

When is right of entry binding on purchaser of registered land?

Answer 13

1. Is it legal
   - deed
   - registered
2. Is it equitable
   - writing and signed by parties
   - notice on charges register

Question 14

WRONG:What are the overriding interest?

Answer 14

1. Legal mortgage up to 7 years
2. 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

Question 15

How are 3rd party interests protected in unregistered land?

Answer 15

1. Legal Interest
   - always bind
2. Equitable Interests Registrable as Land Charge
   - binding only if Registered against full name of current owner
3. Interests that override first registration
   - always binding
4. Other equitable interest
   - only if there is notice

Question 16

What Equitable Interest are Registrable as Land Charges (what class are they)

Answer 16

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

Question 17

How must Land Charges be registered in order to be effective?

Answer 17

Must be against name of current estate owner at date of creation

Question 18

For which equitable interest will doctrine of notice apply?

Answer 18

Any created before 1925

Still
- beneficial interest under trust

Question 19

When does a purchaser for value have notice of an equitable interest?

Answer 19

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