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1215901
3rd party rights, overriding interests an register of title
Description
Mind Map on 3rd party rights, overriding interests an register of title, created by rashmisingh82 on 08/30/2014.
Mind Map by
rashmisingh82
, updated more than 1 year ago
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Created by
rashmisingh82
over 10 years ago
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Resource summary
3rd party rights, overriding interests an register of title
3rd party rights
2 b protected must be of ways in LRA 2002
Notice (on register)
LRA2002 s32
restrictive covs
easements
right of occupation under fam law act 1996
lease affecting reversionary title
changin orders against sole propreitor
Can be agreed or unilateral notice
Overridding interest (not on register)
overlap btwn ORs of 1st reg and Reg disps
Most common examples are...
leases of 7 years or less
interest of pers occupying land
unless person failed to disclose when asked- not OR interest where buyer had no knowledge on reasonable careful inspection of land
legal easements or profits
Restrictions
Regulates circumstances in which disposition of reg estate or charge may be subject of an entry in register
to ensure purchase monies paid to at least 2 trustees or trust corp in order to overreach in interests
e.g owners at tenants in common
show any limitation on powers of a corp or oth body
ensure any necessary consents of disposition are obtained
Register of Title
s66 LRA - allows anyone to inspect or copy reg
s67 anyone can apply to make copies
3 parts of reg
property register
provides description of prop inc statment of estate -F'hold/ L'hold
if L'hold, inc date of L, term, parties and start date
rights of way and easements that benefit prop
ref mad to title plan, which shows location and general boundary
proprietorship register
includes class of Title
name and address of prop'ter
Notices and restrictions
Charges Register
list of charges affecting property in order of priority
adverse interests inc restrictiv covs to which prop subject
leases with no OR interests for superior title
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