Registration

Question 1

Sch.3 Para.2

Answer 1

An interest (in rem) belonging at the time of the disposition to a person in actual occupation, will be overiding providing that the interest was either:

• obvious upon a reasonably careful inspection of land OR
• known to the purchaser

Exception is if the person in actual occupataion failed to reasonably disclose their right.

Question 2

Sch.3 Para.1

Answer 2

Leases less than 7 years will be overriding interests.

Exception is leases which are required to be substantively registered (listed in section 4) are excluded. The most important of these exceptions are leases which only take effect more than 3 months from the date of the grant and also discontinuous leases (e.g. timeshares)

Question 3

Sch.3 Para.3

Answer 3

An unregistered legal easement will override providing the right was either:

• actually known to the purchaser;or
• would have been obvious upon reasonably careful inspection;or
• exercised within one year prior to the disposition (BOP being on the new dominant owner)