Registered Land / Overriding Interests, Implied Trusts, Adverse Possession

bronwyn.gunn19
Note by , created almost 6 years ago

Land Law Note on Registered Land / Overriding Interests, Implied Trusts, Adverse Possession, created by bronwyn.gunn19 on 16/04/2013.

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Created by bronwyn.gunn19 almost 6 years ago
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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 registeredLRA 1925Multiple changes in order to make the register a mirror of the estate.Short lease whent from 21 yr to 7 yrwith no need to registerS.27 (1) 2002If 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 2002Propreitary interest is not affected by paper owner S.29 LRA 2002Interests 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 2002Notices - Burden of interest affect                registered estate Restrictions - Disposition of estate

Overriding Interests OI not registered but emain enforceable and can bind anyone - Crack in MirrorPurchasers cant rely on registerLRA 1925Criteria which is deemed as an OI Law Com 254 - OverhaulS.29 (3) LRA 1925Once an interest has been noted it will not be an OI S.70 Purchasers duty to inspect land S.71All interests should be known

Sched 1 LRA 2002Any interests on 1st registrationNo ability to change title - records what the intersts are Sched 3 LRA 2002Interests 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 AOWilliams + Glyn Bank v Boland W gave money purchase price H remortgage - BNo repayment W - AO

Sched 1 Para 1 LRA 2002Persons in AO override 1st regSched 3 Para 2 LRA 2002AO interests at time of disposition Easements / Profits Sched 2 Para 3 LRA 2002Must be known and legal Must not assume anything

Implied Trusts Where property is registered in another name without former consent S.53 (1) bLaw of Property Act 1925A 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 PurchaseShare would be equal to what was given Oxley v Hiscock M + F - HouseM 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 ExpensesF 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 marriageF relied on thisF did housework / rennovation F was awarded 1/4 share  

Adverse Possession AP taking RP's land Needs 3 aspects - Factual PossessionIntention to Possess Adversly possess landFactual Possession Intention to possess signifies appropriate degree of crontrolPowell v Mcfarlane Found to be no intention Grazed a cow, hunted and fished on landWas seen as trespass only   

Pye Oxford v Graham Paper owner had no keyused the land like owner Grew Crops / Factual PossessionIntention to Possess/ Adversly Possessed LandIntention to exclude paper owner Pye v Graham Intention to posses land Fenced land and Grew Crops Buckingham CC v Moran Sealed off land, changed locksKept owner away Adversely affect land

Death of Donee - S.28 LRA 2002Step into shoes of the dead Carries on AP / RP Limitation Act 198012 years AP S.55 Land Registration 200210 years AP Breach against Human Rights Act 1999Article 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 objectionIF ABROAD/ AWAY - OKAYIF 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