Contributory Occupiers

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Land Mind Map on Contributory Occupiers, created by rhiannonfayemcdonald on 30/04/2013.
rhiannonfayemcdonald
Mind Map by rhiannonfayemcdonald, updated more than 1 year ago
rhiannonfayemcdonald
Created by rhiannonfayemcdonald almost 11 years ago
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Resource summary

Contributory Occupiers
  1. Is the land registered?
    1. Who has what interests in the land?
      1. Do any of them give rise to a trust? What type?
        1. Resulting - Contribution to either purchase price or mortgage payments
          1. Express - LPA'25 S.53(1)(b): in writing
            1. Constructive - Common intention based on parties' actions
            2. If there is an equitable owner, are they in occupation?
              1. What is actual occupation?
                1. What effect does it have if they are/aren't?
                  1. Registered land
                    1. LRA'02 Sch.3 Para.2 - 'reasonably careful inspection
                      1. Register a restriction to show purchaser must overreach
                      2. Unregistered land
                        1. Doctrine of notice - bona fidei purchaser of the property for value without notice (actual, implied or constructive) takes free
                          1. Kingsnorth v Tizard - 'such inspection as ought reasonably to be made'
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