Mapa mental
Reg & Unreg Land

Mind map: Registered and unregistered land
Conteúdo do mapa
Reg & Unreg Land
Is it capable of being legal? S52 LPA Legal estates bind the world
Was a deed used to create or transfer it? Unless less than 3 years
Was it registered?
If not, is it equitable?
Are there consequences?
Remember, legal interests bind automatically
Questions 1 & 2 for each event
Is it a first trigger event? s4 LRA . Freehold transfer; More than 7 year lease or 1st legal mortgage
- Must be registered within 2 months s6 LRA, if not registered, equitable only
- Only 2 ways to protect equitable rights: NOTICE: S23 LRA 02
- Either agreed (with owners consent) or unilateral (without consent)
- 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
- Only 2 ways to protect equitable rights: NOTICE: S23 LRA 02
- Must be registered within 2 months s6 LRA, if not registered, equitable only
If anything from 1, 2 or 3 in issue... is it equitable?
- Must still be a valid written & signed contract on which to base specific performance
- Could the interest be protected using a land charge? S2 LCA 1972
- If so, and charge not used, will not bind a purchaser
- Could the interest be protected using a land charge? S2 LCA 1972
- Must still be a valid written & signed contract on which to base specific performance
Equitable estates & Interests
- 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.
- Reg - Protect using a notice or: Sch 3 sets out the overrding interests so may be able to argue actual occupation
REGISTERED LAND - if not registered, equitable only s27 LRA 02
Overriding interests: Sch 1 LRA 02. Main one actual occupation. HUNT v LUCK - equitable tenant in occupation, purchaser didn't inspect, took subject to equitable interest
Comparison of protection with registered and unregistered land
- Unreg - if something could be protected by land charge but isn't, it binds no-one MIDLAND BANK TRUST v GREEN
- Farmers son given land, fell out with dad, he sold it to mum, not protected, no registration
- Reg - Has benefit of overriding interests which can be argued even if not protected with notice
- Unreg - if something could be protected by land charge but isn't, it binds no-one MIDLAND BANK TRUST v GREEN
Informações
- Descrição
- Degree Land Law Mapa Mental sobre Reg & Unreg Land, criado por costafortune em 12-05-2013.
- Criado por
- costafortune
- Visualizações
- 230
- Tags
- Avaliação