Third Party rights in land Flashcards
1
Q
Are equitable interests in a trust capable of being registered (unregistered land)?
A
An equitable interest under a trust is not capable of being registered as a land charge.
2
Q
What is the basic rule in unregistered land regarding enforcing interests not capable of being registered as a land charge?
A
Equitable interests are enforceable against anyone except the bona fide purchaser of the legal estate for value without notice.
3
Q
What happens if the client did not have actual or constructive notice of an equitable interest but their solicitor did (and didn’t tell them)?
A
Even though the client did not have actual or constructive notice, the client’s solicitor did have actual notice and therefore the client is deemed to have imputed notice.
