Reg & Unreg Land

costafortune
Mind Map by costafortune, updated more than 1 year ago More Less
costafortune
Created by costafortune over 6 years ago
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Degree Land Law Mind Map on Reg & Unreg Land, created by costafortune on 05/12/2013.
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Reg & Unreg Land
1 Is it capable of being legal? S52 LPA Legal estates bind the world
2 Was a deed used to create or transfer it? Unless less than 3 years
3 Was it registered?
4 If not, is it equitable?
5 Are there consequences?
6 Remember, legal interests bind automatically
7 Questions 1 & 2 for each event
8 Is it a first trigger event? s4 LRA . Freehold transfer; More than 7 year lease or 1st legal mortgage
8.1 Must be registered within 2 months s6 LRA, if not registered, equitable only
8.1.1 Only 2 ways to protect equitable rights: NOTICE: S23 LRA 02
8.1.1.1 Either agreed (with owners consent) or unilateral (without consent)
8.1.1.2 RESTRICTION: s41 LRA 02 - imposes limits on how owner can dispose of property. If 2 or more registered as proprietor, restriction automatically entered, means there is a trust, could be overreached s27
9 If anything from 1, 2 or 3 in issue... is it equitable?
9.1 Must still be a valid written & signed contract on which to base specific performance
9.1.1 Could the interest be protected using a land charge? S2 LCA 1972
9.1.1.1 If so, and charge not used, will not bind a purchaser
10 Equitable estates & Interests
10.1 Unreg - Protected via land charge registered against the name of the owner of the burdened estate at time of creation. If protected binds new purchaser, if not, it doesn't.
10.2 Reg - Protect using a notice or: Sch 3 sets out the overrding interests so may be able to argue actual occupation
11 REGISTERED LAND - if not registered, equitable only s27 LRA 02
12 Overriding interests: Sch 1 LRA 02. Main one actual occupation. HUNT v LUCK - equitable tenant in occupation, purchaser didn't inspect, took subject to equitable interest
13 Comparison of protection with registered and unregistered land
13.1 Unreg - if something could be protected by land charge but isn't, it binds no-one MIDLAND BANK TRUST v GREEN
13.1.1 Farmers son given land, fell out with dad, he sold it to mum, not protected, no registration
13.2 Reg - Has benefit of overriding interests which can be argued even if not protected with notice
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