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Land Law

Land Law. Large Group 13 Registrable Interests. 1. Introduction. A purchaser for valuable consideration is subject to: Entries appearing on the register Unregistered interests which override the Register. 1. Introduction. Registrable dispositions

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Land Law

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  1. Land Law Large Group 13 Registrable Interests

  2. 1. Introduction A purchaser for valuable consideration is subject to: • Entries appearing on the register • Unregistered interests which override the Register

  3. 1. Introduction • Registrable dispositions • Interests affecting a registered estate • Trust interests • Overriding interests

  4. 2. Registrable dispositions • Listed in s27 LRA 2002 • Must be completed by registration • Include legal mortgages, expressly created legal easements and leases for more than 7 years • Protected by a notice in the Charges register

  5. Example of a Notice

  6. Example of a Restriction

  7. Overreaching a trust interest • Monies paid to all trustees • There must be at least two trustees (or a trust corporation) • The buyer is acquiring a legal estate

  8. Definition of a Notice s.32 (1) LRA 2002 “An entry in the register in respect of the burden of an interest affecting a registered estate or charge”

  9. Definition of a Restriction s.40 LRA 2002 “an entry in the register regulating the circumstances in which a disposition of a registered estate ... may be the subject of an entry in the register”

  10. Example of a Restriction

  11. 7. Analysing third party rights • What type of right is it? • Is it capable of being legal? • Are any formalities required? • Is it legal, equitable or statutory? • Is it enforceable against a buyer of the property?

  12. The neighbour in the garden • Easement or licence? • Equitable easement? • Legal easement? • Is there a notice in the Charges register?

  13. The debt collector at the door • A charge by way of legal mortgage? • Is there a notice in the Charges register?

  14. The boat in the garage • An easement of storage? • A legal lease under s54(2)LPA 1925? • An overriding interest?

  15. The neighbour from Hell • Bob the Bodger needs an express legal easement – RD • Client needs a lease – RD or OI, depending on length • [Trespass and possible breach of a right of light?]

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