3rd party rights, overriding interests an register of title

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Mind Map on 3rd party rights, overriding interests an register of title, created by rashmisingh82 on 30/08/2014.
rashmisingh82
Mind Map by rashmisingh82, updated more than 1 year ago
rashmisingh82
Created by rashmisingh82 over 11 years ago
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Resource summary

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