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23 Cards in this Set
- Front
- Back
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LCA 1972 |
Way of protecting some interests |
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s198 LPA 1925 |
Registration of the interest is deemed actual notice |
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s4,5,6,7 LRA 2002 |
register title on trigger |
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s58 LRA 2002 |
Register intended to be conclusive |
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s28 lra 2002 |
Interests take priority in order of time |
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s29 LRA 2002 |
later interests take priority over non registered interests |
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Halifax and Bank of Scotland v Curry Popeck |
registering an interest would protect it |
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s27 LRA 2002 |
Registrable interests must be registered in order to take effect - legal mortgage legal easement rentcharge |
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s27 LPA 1925 |
Beneficial interests 'swept behind curtain' as can be overreached |
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s3 LRA 2002 |
Inaccuracy in register will be rectified or altered |
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Parkash v Irani Finance Ltd |
Pay no attention to notice if the interest is registered |
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De Lusignan v Johnson |
Even where there is actual notice, it can be wiped away where it is unregistered |
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ss32-39 LRA 2002 |
Notices |
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ss40-47 |
Restrictions 42(1)(b) - can only ensure overreaching |
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Schedule 3 LRA 2002 |
Overriding interests: actual occupation legal easements legal leases |
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s4 LRA 2002 |
Long leases (over 7 years) are completed on registration |
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s33 |
Longer than three year leases can be put as notice on register |
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s27(2)(d) |
Legal easements completed by registration |
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Webb v Pollmount |
Actual occupation + legal interest = overriding interest |
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Thompson v Foy |
Physical presence, furniture doesn't count, continuing intention to occupy |
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Thomas v Clydesdale Bank Plc |
Limit on actualoccupation (i)which belongs to a person whose occupation would not have beenobvious on a reasonably careful inspection (ii)of which the person to whom the disposition is made does nothave actual knowledge at that time is not overriding |
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s27(2)(f) |
Mortgages required to be registered |
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Lloyds Bank v Rosset |
beneficial interest behind a trust of land (implied trust) |
