Registered Land / Overriding Interests, Implied Trusts, Adverse Possession

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Registered Land - Overriding

Interests

- Affect Mirror

Principle?

The Register is used to source all interests on the land

LRA 1925

As many interests as possible were registered

LRA 1925

Multiple changes in order to make the register a mirror of the estate.

Short lease whent from 21 yr to 7 yr

with no need to register

S.27 (1) 2002

If disposition is required to be completed by registration - does not opperate at law until

registered

Registration - Mirror Principle

Mirror of the estate

S.28 LRA 2002

Propreitary interest is not affected by paper owner

S.29 LRA 2002

Interests not registered and not overriding will not protect

LRA 1925

Notices - Put on charge section

Flag notices

Restrictions - Propreitary section

Prevents dealings

Cautions - Cautioner would be told of

restrictions in place

LRA 2002

Notices - Burden of interest affect

registered estate

Restrictions - Disposition of estate

Overriding Interests

OI not registered but emain enforceable and can bind anyone - Crack in Mirror

Purchasers cant rely on register

LRA 1925

Criteria which is deemed as an OI

Law Com 254 - Overhaul

S.29 (3) LRA 1925

Once an interest has been noted it will not be an OI

S.70

Purchasers duty to inspect land

S.71

All interests should be known

Sched 1 LRA 2002

Any interests on 1st registration

No ability to change title - records what the intersts are

Sched 3 LRA 2002

Interests override reg disposition

CASES

Chhokar v Chhokar

H an W had house - H's name

W had baby in India

H sold prop - P in England

W came back an claimed AO

Williams + Glyn Bank v Boland

W gave money purchase price

H remortgage - B

No repayment

W - AO

Sched 1 Para 1 LRA 2002

Persons in AO override 1st reg

Sched 3 Para 2 LRA 2002

AO interests at time of disposition

Easements / Profits

Sched 2 Para 3 LRA 2002

Must be known and legal

Must not assume anything

Implied Trusts

Where property is registered in another name without former consent

S.53 (1) b

Law of Property Act 1925

A declaration of trust respecting land / interest

Must be signed / written

S.52(2) LPA 1925

Trusts exempted from requirements

JT tenants - Trust in C

Stack v Dowden

JT - Legal esate

No prop in trust

D notice of severence

JT in common - S %65 share

If trust is not written down it poses problems

Lloyds PLC v Rosset

H + W - House

H sole name

H + W start rennovation

H mortgaged - No repayment

Work was only de minis

2 heads from Rosset

Common intention - Direct Contribution

No action without an understanding

Indirect Contribution /Detrimental Reliance

Direct Contibution

Cash contributions - Purchase /

Part Purchase

Share would be equal to what was given

Oxley v Hiscock

M + F - House

M sole name

F considerable contribution

No solicitor - F - 60%

Indirect Contributions not Direct payments but could have an interest

Grant v Edwards

M + F - House

M's sole name

Indirect contribution - Paid Expenses

F was allowed 1/2 share

_ ALSO seen as detrimental reliance

Detrimental Reliance

whereby relying on something and carry out duties

Eves v Eves

M told F Prop in his name till marriage

F relied on this

F did housework / rennovation

F was awarded 1/4 share

Adverse Possession

AP taking RP's land

Needs 3 aspects -

Factual Possession

Intention to Possess

Adversly possess land

Factual Possession

Intention to possess signifies appropriate degree of crontrol

Powell v Mcfarlane

Found to be no intention

Grazed a cow, hunted and fished on land

Was seen as trespass only

Pye Oxford v Graham

Paper owner had no key

used the land like owner

Grew Crops / Factual Possession

Intention to Possess/

Adversly Possessed Land

Intention to exclude paper owner

Pye v Graham

Intention to posses land

Fenced land and Grew Crops

Buckingham CC v Moran

Sealed off land, changed locks

Kept owner away

Adversely affect land

Death of Donee - S.28 LRA 2002

Step into shoes of the dead

Carries on AP / RP

Limitation Act 1980

12 years AP

S.55 Land Registration 2002

10 years AP

Breach against

Human Rights Act 1999

Article 8 - Family home

LAW COM 271 - p14.40

AP could gain land if -

Acted in detriment

Unconcious not to allow

Application to Register

LRA 2002 - Sched 6

Stage 1 - Must have 10 years

HMLR

Stage 2 - Registra must inform

parties with interests

Stage 3 - 65 Working days

No response/ No objection

IF ABROAD/ AWAY - OKAY

IF MENTAL - NO Sch 6 Para 8

Stage 4 - If rejected 2 years reapply

RP must amend land

Lease - Time would be aginst

T not LL

10 years

Easements / Profts

Valuable right over someones land

Minor Interests

Overreached

Purchasers rights displace those of those in property

Overriding Interests /Mirror Principle

Implied Trusts

Adverse Possession