Contributory Occupiers

Contributory Occupiers

1. Is the land registered?

   • Who has what interests in the land?
     • Do any of them give rise to a trust? What type?
       • Resulting - Contribution to either purchase price or mortgage payments
       • Express - LPA'25 S.53(1)(b): in writing
       • Constructive - Common intention based on parties' actions
     • If there is an equitable owner, are they in occupation?
       • What is actual occupation?
       • What effect does it have if they are/aren't?
         • Registered land
           • LRA'02 Sch.3 Para.2 - 'reasonably careful inspection
           • Register a restriction to show purchaser must overreach
         • Unregistered land
           • Doctrine of notice - bona fidei purchaser of the property for value without notice (actual, implied or constructive) takes free
           • Kingsnorth v Tizard - 'such inspection as ought reasonably to be made'