3rd party rights, overriding interests an register of title

3rd party rights, overriding interests an register of title

1. 3rd party rights

   • 2 b protected must be of ways in LRA 2002
     • Notice (on register)
       • LRA2002 s32
       • restrictive covs
       • easements
       • right of occupation under fam law act 1996
       • lease affecting reversionary title
       • changin orders against sole propreitor
       • Can be agreed or unilateral notice
     • Overridding interest (not on register)
       • overlap btwn ORs of 1st reg and Reg disps
       • Most common examples are...
         • leases of 7 years or less
         • interest of pers occupying land
           • unless person failed to disclose when asked- not OR interest where buyer had no knowledge on reasonable careful inspection of land
         • legal easements or profits
     • Restrictions
       • Regulates circumstances in which disposition of reg estate or charge may be subject of an entry in register
         • to ensure purchase monies paid to at least 2 trustees or trust corp in order to overreach in interests
           • e.g owners at tenants in common
         • show any limitation on powers of a corp or oth body
         • ensure any necessary consents of disposition are obtained

2. Register of Title

   • s66 LRA - allows anyone to inspect or copy reg
   • s67 anyone can apply to make copies
   • 3 parts of reg
     • property register
       • provides description of prop inc statment of estate -F'hold/ L'hold
         • if L'hold, inc date of L, term, parties and start date
       • rights of way and easements that benefit prop
       • ref mad to title plan, which shows location and general boundary
     • proprietorship register
       • includes class of Title
       • name and address of prop'ter
       • Notices and restrictions
     • Charges Register
       • list of charges affecting property in order of priority
       • adverse interests inc restrictiv covs to which prop subject
       • leases with no OR interests for superior title