63198
Description
Mind Map by rhiannonfayemcdonald, updated more than 1 year ago
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Created by rhiannonfayemcdonald
over 11 years ago
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Contributory
Occupiers
- 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
- Resulting - Contribution to either
purchase price or mortgage payments
- 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
- LRA'02 Sch.3 Para.2 -
'reasonably careful inspection
- 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'
- Doctrine of notice - bona fidei
purchaser of the property for value
without notice (actual, implied or
constructive) takes free
- Registered land
- What is actual occupation?
- Do any of them give rise to a trust?
What type?
- Who has what interests in the land?
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