Reg & Unreg Land

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

   • Must be registered within 2 months s6 LRA, if not registered, equitable only
     • Only 2 ways to protect equitable rights: NOTICE: S23 LRA 02
       • Either agreed (with owners consent) or unilateral (without consent)
       • 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?

   • Must still be a valid written & signed contract on which to base specific performance
     • Could the interest be protected using a land charge? S2 LCA 1972
       • If so, and charge not used, will not bind a purchaser

10. Equitable estates & Interests

    • 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.
    • 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

    • Unreg - if something could be protected by land charge but isn't, it binds no-one MIDLAND BANK TRUST v GREEN
      • Farmers son given land, fell out with dad, he sold it to mum, not protected, no registration
    • Reg - Has benefit of overriding interests which can be argued even if not protected with notice