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4 Cards in this Set
- Front
- Back
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Importance of distinction
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Is the most important distinction between between legal and eqt. Es
Both are proprietary; capable of running with the land; Q is whether they actually do |
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Effect on purchasers
1) Legal Es |
s.29 LRA 2002 and Sch. 3 para. 3: implied legal Es will be OIs if any one of four conditions is met:
i) Is an E within the Commons Registration Act ii) Is obvious on a reasonably careful inspection iii) Is known about by the P iv) Was used within 12 months imm. prior to sale --> If ANY, the legal E will override; v.v. likely |
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Effect on purchasers
2) Equitable Es |
The eqt. E will have had to be added as a Notice to the LR to bind a purchaser; unlikely
It isn't an OI because: - It isn't legal - The E owner isn't in actual occupation; they are in AO of their own, dominant tenement, not of the servient tenement - 'Chaudhary v Yavuz' |
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Effect on non-purchasers
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s.28 LRA 2002: are bound by ALL existing rights
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