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
22.214.171.124 Either agreed (with owners consent) or
unilateral (without consent)
126.96.36.199 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
188.8.131.52 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
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
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