Unit 1.3 Flashcards
What statute governs the enforceability of third party rights in the registered system?
Land Registration Act 2002
When is a buyer bound by a right in the registered system?
If an interest has been protected by a notice/ charge/ restriction on land registry then buyer is bound
By what date does a registrable interest have to be done for it to be binding? What is the exception to this?
By date of registration of the buyer.
Overriding interests have to be in existence upon completion of sale
What are the four classifications of interests?
Registrable Disposition
Interests Affecting Registered Estate (IARE)
Interests under trust
Overriding interests?
What are registrable dispositions?
s27 LRA 2002
Legal easements (created expressly)
Mortgages
Leases for more than 7years
What are interests under trust?
Express/ implied trusts
Not protected by a notice (s33)
Can be reordered as a restriction on the proprietorship register at Land Registry (s40)
What are IAREs?
Estate contract
Equitable lease
Restrictive covenant
Family Rights (not protected by notice, FLA s31)
What are overriding interests?
Sch 3 para 1-3
Legal Lease for 7years or less under Sch 3 para 1
- Created before 13/10/03- Sch 12 para 12
Interests arising under actual occupation Sch 3 para 2
Legal easement (created impliedly) Sch 3 para 3(1)
- Created before 13/10/03- Sch 12 para 9
CONDITIONS
- Buyer has constructive knowledge
- Would have discovered with reasonable investigation
- Use within the past year
What continues to override under Sch 12 para 12?
Legal leases for 21 years or less granted before 13/10/03
What continues to override in new law that did so under old law? (Sch 12 para 9)?
Easements
What else does Sch 12 para 9 tell us?
Easements that were overriding under old law continue to override
What are the requirements of actual occupation?
Must be:
- Obvious on a reasonably careful inspection of land, buyer knew or it; or
- person disclosed right if enquiries were made of it when he could reasonably be expected to do so
What won’t actual occupation protect?
An FLA right (s31(10)(b) FLA) An easement (because the dominant owner is not in actual occupation of the land affected)
What is needed for actual occupation to be obvious on a reasonably careful inspection?
Visible signs of occupation which have to be obvious on inspection- Thomas v Clydesdale Bank Plc
Fencing on derelict land may suffice- Malory Enterprises v Cheshire Homes
What does actual occupation necessitate?
Williams & Glyn’s Bank v Boland
What does Lloyds Bank plc v Rosset tell us?
Actual occupation can be visiting the property regularly to supervise renovation work
What does Kling v Keston Properties tell us?
Actual occupation can be a car parked regularly in the garage
What does Chhokar v Chhokar tell us?
Temporary absence does not preclude actual occupation
What does Abbey National building society v Cann tell us?
Preparatory steps leading to actual occupation are not actual occupation
Can an agent have actual occupation for you?
Yes, a family member cannot (Strand Securities v Caswell)
What does Link Lending Ltd v Bustard say?
Having possessions in property and aspirations to return amount to actual occupation
What does Thompson v Foy say?
Having possessions in property is not enough to amount to actual occupation
Where/ when does an IARE have to be registered by to be binding?
On charges register at Land Registry by date of registration of buyer (s29)
Where/ when does registrable disposition have to be registered by to be binding?
At Land Registry by date of registration of buyer as new owner (s29)
Where/ when does overriding interest have to be registered by to be binding?
Must exist by date of registration of buyer as new owner
Need NOT be registered
Where/ when do trust interests have to be registered by to be binding?
Restriction registration will alert buyer to overreach
Failure to overreach will mean purchase cannot be registered
If there is no restriction recorded, may be overriding under Sch 3 para 2- buyer has to overreach
