Third-Party Rights

Question 1

What are the Third-party rights

Answer 1

Legal easement 
Legal lease
Restrictive covenant 
Equitable easement 
Equitable lease 
Trusts
S.30 family law act 1996 right 
Estate contract

Question 2

What third party rights are capable of being legal?

Answer 2

Easements
Mortgages
Leases
s.1(2) LPA

Question 3

What third-party rights are equitable

Answer 3

Restrictive covenants 
Estate contracts 
Beneficial interests
Trusts
S.1(3) LPA 1925

Question 4

What are the three principles behind title registration?

Answer 4

Insurance principle - state guarantees the accuracy of the register

Mirror principle - register should be an accurate reflection of who owns the land and any third-party interests

Curtain principle - purchasers are not required to look behind the register

Question 5

What are the three parts of the register?

Answer 5

Property Register - describes the land, nature of estate being registered, any third-party interests benefitting the land

Proprietorship register - named the registered proprietor, contains any restrictions on the proprietors can deal with the land

Charges register - contains notices which burden the land, restrictive covenants, mortgages

Question 6

What is meant by actual occupation?

Answer 6

Some physical presence on the land which itself has a degree of permanence and continuity

Temporary absences, even at the exact time of disposition, may not prevent the finding of actual occupation, so long as the reason can be justified and is not too long.

Question 7

Temporary absence (such as giving birth in hospital) does not preclude actual occupation

Answer 7

Chhokar v Chhokar (1984)

Question 8

Actual occupation can be a car parked regularly in a garage

Answer 8

Kling v Keston

Question 9

Prepatory steps leading to actual occupation is not occupation

Answer 9

Abbey National v Cann [1991]

Question 10

An agent can have actual occupation, a relative cannot

Answer 10

Strand Securities v Caswell [1965]

Question 11

Can be in actual occupation if your possessions are still in the property and you have every intention to return

Answer 11

Link Lending v Bustard [2010]

Question 12

Overreaching requirements (case)

Answer 12

City of London Building Society v Flegg [1988]

Question 13

Actual occupation can be regularly visiting the property to supervise renovation work

Answer 13

Lloyds Bank plc v Rosset [1991]

Question 14

Actual occupation necessitates physical presence on the land

Answer 14

Williams and Glyn’s Bank Ltd v Boland [1981]

Question 15

Equity’s Darling

Answer 15

Bona fide
Purchaser
Legal estae
for value
without notice: 
- actual s.198 LPA
- Imputed (solicitor/agent had actual/constructive knowledge)
- Constructive - would have come to notice if inspection had been reasonably made
Presence apparent upon inspection

Question 16

Presence apparent upon inspection

Answer 16

Kingsnorth Finance v Tizard [1986]

Question 17

What are registerable dispositions?

Answer 17

Legal easement
Legal charge (i.e. mortgage)
Legal lease over 7 years

Question 18

What are overriding interests?

Answer 18

Legal lease for 7 years or less (Sch 3 Para 1)
Persons in actual occupation (Sch 3 Para 2)
Legal implied easements (Sch 3 Para 3) (created before 13/10/03 Sch 12 para 9)

Question 19

what to do with a registrable disposition to bind the buyer ?

Answer 19

must be registered at the land registry by date of registration of buyer as new owner

Question 20

How does an overriding interest bind a buyer

Answer 20

must exist by date of registration of buyer as new owner - need not be registered (sch 3 para 2)

Question 21

What is the relevant date for assessing actual occupation in terms of Sch 3 Para 2

Answer 21

completion of sale

Question 22

Trust Interests

Answer 22

A restriction on the proprietorship register

Question 23

Overreaching the beneficial interest

Answer 23

Pays purchase money to 2 or more trustees or trust corporation in accordance with s 2 and s27 of LPA 1925