Third-Party Rights Flashcards
What are the Third-party rights
Legal easement Legal lease Restrictive covenant Equitable easement Equitable lease Trusts S.30 family law act 1996 right Estate contract
What third party rights are capable of being legal?
Easements
Mortgages
Leases
s.1(2) LPA
What third-party rights are equitable
Restrictive covenants Estate contracts Beneficial interests Trusts S.1(3) LPA 1925
What are the three principles behind title registration?
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
What are the three parts of the register?
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
What is meant by actual occupation?
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.
Temporary absence (such as giving birth in hospital) does not preclude actual occupation
Chhokar v Chhokar (1984)
Actual occupation can be a car parked regularly in a garage
Kling v Keston
Prepatory steps leading to actual occupation is not occupation
Abbey National v Cann [1991]
An agent can have actual occupation, a relative cannot
Strand Securities v Caswell [1965]
Can be in actual occupation if your possessions are still in the property and you have every intention to return
Link Lending v Bustard [2010]
Overreaching requirements (case)
City of London Building Society v Flegg [1988]
Actual occupation can be regularly visiting the property to supervise renovation work
Lloyds Bank plc v Rosset [1991]
Actual occupation necessitates physical presence on the land
Williams and Glyn’s Bank Ltd v Boland [1981]
Equity’s Darling
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
Presence apparent upon inspection
Kingsnorth Finance v Tizard [1986]
What are registerable dispositions?
Legal easement
Legal charge (i.e. mortgage)
Legal lease over 7 years
What are overriding interests?
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)
what to do with a registrable disposition to bind the buyer ?
must be registered at the land registry by date of registration of buyer as new owner
How does an overriding interest bind a buyer
must exist by date of registration of buyer as new owner - need not be registered (sch 3 para 2)
What is the relevant date for assessing actual occupation in terms of Sch 3 Para 2
completion of sale
Trust Interests
A restriction on the proprietorship register
Overreaching the beneficial interest
Pays purchase money to 2 or more trustees or trust corporation in accordance with s 2 and s27 of LPA 1925
