Creado por bronwyn.gunn19
hace más de 11 años
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Registered Land - Overriding Interests - Affect Mirror Principle?The Register is used to source all interests on the land LRA 1925 As many interests as possible were registeredLRA 1925Multiple changes in order to make the register a mirror of the estate.Short lease whent from 21 yr to 7 yrwith no need to registerS.27 (1) 2002If disposition is required to be completed by registration - does not opperate at law until registered
Registration - Mirror Principle Mirror of the estate S.28 LRA 2002Propreitary interest is not affected by paper owner S.29 LRA 2002Interests not registered and not overriding will not protect LRA 1925 Notices - Put on charge section Flag notices Restrictions - Propreitary section Prevents dealings Cautions - Cautioner would be told of restrictions in place LRA 2002Notices - Burden of interest affect registered estate Restrictions - Disposition of estate
Overriding Interests OI not registered but emain enforceable and can bind anyone - Crack in MirrorPurchasers cant rely on registerLRA 1925Criteria which is deemed as an OI Law Com 254 - OverhaulS.29 (3) LRA 1925Once an interest has been noted it will not be an OI S.70 Purchasers duty to inspect land S.71All interests should be known
Sched 1 LRA 2002Any interests on 1st registrationNo ability to change title - records what the intersts are Sched 3 LRA 2002Interests override reg disposition CASES Chhokar v Chhokar H an W had house - H's name W had baby in India H sold prop - P in England W came back an claimed AOWilliams + Glyn Bank v Boland W gave money purchase price H remortgage - BNo repayment W - AO
Sched 1 Para 1 LRA 2002Persons in AO override 1st regSched 3 Para 2 LRA 2002AO interests at time of disposition Easements / Profits Sched 2 Para 3 LRA 2002Must be known and legal Must not assume anything
Implied Trusts Where property is registered in another name without former consent S.53 (1) bLaw of Property Act 1925A declaration of trust respecting land / interest Must be signed / written S.52(2) LPA 1925 Trusts exempted from requirements JT tenants - Trust in C
Stack v Dowden JT - Legal esate No prop in trust D notice of severence JT in common - S %65 share If trust is not written down it poses problems Lloyds PLC v Rosset H + W - House H sole name H + W start rennovation H mortgaged - No repayment Work was only de minis 2 heads from Rosset Common intention - Direct Contribution No action without an understanding Indirect Contribution /Detrimental Reliance
Direct Contibution Cash contributions - Purchase /Part PurchaseShare would be equal to what was given Oxley v Hiscock M + F - HouseM sole name F considerable contribution No solicitor - F - 60%Indirect Contributions not Direct payments but could have an interest
Grant v Edwards M + F - House M's sole name Indirect contribution - Paid ExpensesF was allowed 1/2 share _ ALSO seen as detrimental reliance Detrimental Reliance whereby relying on something and carry out duties Eves v Eves M told F Prop in his name till marriageF relied on thisF did housework / rennovation F was awarded 1/4 share
Adverse Possession AP taking RP's land Needs 3 aspects - Factual PossessionIntention to Possess Adversly possess landFactual Possession Intention to possess signifies appropriate degree of crontrolPowell v Mcfarlane Found to be no intention Grazed a cow, hunted and fished on landWas seen as trespass only
Pye Oxford v Graham Paper owner had no keyused the land like owner Grew Crops / Factual PossessionIntention to Possess/ Adversly Possessed LandIntention to exclude paper owner Pye v Graham Intention to posses land Fenced land and Grew Crops Buckingham CC v Moran Sealed off land, changed locksKept owner away Adversely affect land
Death of Donee - S.28 LRA 2002Step into shoes of the dead Carries on AP / RP Limitation Act 198012 years AP S.55 Land Registration 200210 years AP Breach against Human Rights Act 1999Article 8 - Family home LAW COM 271 - p14.40 AP could gain land if - Acted in detriment Unconcious not to allow
Application to Register LRA 2002 - Sched 6 Stage 1 - Must have 10 years HMLR Stage 2 - Registra must inform parties with interests Stage 3 - 65 Working days No response/ No objectionIF ABROAD/ AWAY - OKAYIF MENTAL - NO Sch 6 Para 8 Stage 4 - If rejected 2 years reapply RP must amend land
Lease - Time would be aginst T not LL 10 years
Easements / Profts Valuable right over someones land
Minor Interests Overreached Purchasers rights displace those of those in property
Overriding Interests /Mirror Principle
Implied Trusts
Adverse Possession
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