1 / 15

Land Law

Land Law. Large Group 13 Registrable Interests. 1. Introduction. A purchaser for valuable consideration is subject to: Entries appearing on the register Unregistered interests which override the Register. 1. Introduction. Registrable dispositions

jsamuel
Download Presentation

Land Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Land Law Large Group 13 Registrable Interests

  2. 1. Introduction A purchaser for valuable consideration is subject to: • Entries appearing on the register • Unregistered interests which override the Register

  3. 1. Introduction • Registrable dispositions • Interests affecting a registered estate • Trust interests • Overriding interests

  4. 2. Registrable dispositions • Listed in s27 LRA 2002 • Must be completed by registration • Include legal mortgages, expressly created legal easements and leases for more than 7 years • Protected by a notice in the Charges register

  5. Example of a Notice

  6. Example of a Restriction

  7. Overreaching a trust interest • Monies paid to all trustees • There must be at least two trustees (or a trust corporation) • The buyer is acquiring a legal estate

  8. Definition of a Notice s.32 (1) LRA 2002 “An entry in the register in respect of the burden of an interest affecting a registered estate or charge”

  9. Definition of a Restriction s.40 LRA 2002 “an entry in the register regulating the circumstances in which a disposition of a registered estate ... may be the subject of an entry in the register”

  10. Example of a Restriction

  11. 7. Analysing third party rights • What type of right is it? • Is it capable of being legal? • Are any formalities required? • Is it legal, equitable or statutory? • Is it enforceable against a buyer of the property?

  12. The neighbour in the garden • Easement or licence? • Equitable easement? • Legal easement? • Is there a notice in the Charges register?

  13. The debt collector at the door • A charge by way of legal mortgage? • Is there a notice in the Charges register?

  14. The boat in the garage • An easement of storage? • A legal lease under s54(2)LPA 1925? • An overriding interest?

  15. The neighbour from Hell • Bob the Bodger needs an express legal easement – RD • Client needs a lease – RD or OI, depending on length • [Trespass and possible breach of a right of light?]

More Related