Ws 2&3 Enforcing 3Rd Party Rights

Front 1

1. Estate in fee simple absolute in possession
2. Term of years absolute

Back 1

LPA, s1(1)

Front 2

Estate that can be legal

Back 2

LPA, s1(2)

1. Easement
2. Mortgage
3. Lease

Front 3

Estates that must be equitable

Back 3

LPA, s1(3)

1. Restrictive covenant
2. Estate contract
3. Option
4. Bennie interest
5. Trust
6. Family Law Act

Front 4

Property register

Back 4

Describes property and legal estate held in it

Front 5

Charges register

Back 5

Third party interests that burden the land

Front 6

Proprietorship register

Back 6

Nature of title held, details of owners (inc restriciotns on power to deal)

Front 7

All conveyances or creations of legal estates by deed only

Back 7

LPA, s52(1)

Front 8

Deeds and their execution

Back 8

LP(MP)A, s1(2)
1. Clear on the face
2. Validly executed

Front 9

For general other interests

Back 9

LPA, s53(1)
Signed writing for:
1. Interests in land
2. Trust of land
3. Disposition of EQ interest

Front 10

Registrability of of rights for unregistered land

Back 10

Land Charges Act 1972, s2

Front 11

Puisne mortgages on unregistered land

Back 11

Land Charges Act 1972, s2

Class C(i) land charge

Front 12

Estate contract on unregistered land

Back 12

Land Charges Act 1972, s2

Class C(iv) land charge

Front 13

Restrictive covenant on unregistered land

Back 13

Land Charges Act 1972, s2

Class D(ii) unless:
1) contained in a lease or;
2) created before 1926

Front 14

Equitable easement on unregistered land

Back 14

Land Charges Act 1972, s2

Class D(iii) land charge

Front 15

S30 FLA right to occupy on unregistered land

Back 15

Land Charges Act 1972, s2

Class F land charge

Front 16

3rd party right on unergistered land registered against owner's name

Back 16

Land Charges Act 1972, s3

Front 17

3rd party right on unergistered land registered before completion of sale

Back 17

Land Charges Act 1972, s4

Front 18

Overreaching

Back 18

buy legal estate, pay all trustees – at least 2 or trust corp

Front 19

Equity's Darling

Back 19

1. Bona fide (acting in good faith without fraud)
2. Purchaser – receive other than by operation of law
a. Includes mortgagee or lessee
b. Not by bankruptcy or intestacy
3. Consideration (any will do) – no consideration = volunteer
4. Legal estate (fee simple absolute in possession or term of years absolute)
5. Without notice
a. Actual notice = all facts you know or knew, however acquired (not vague rumours)
b. Constructive notice = of any fact which reasonable enquiry would have revealed (LPA25, s199(1))
c. Imputed notice = anything your solicitor had actual or constructive notice of

Front 20

Dispositions to be registered

Back 20

LRA 2002, s27
1. Legal easements (expressly by deed)
2. Legal charges (mortgages)
3. Legal lease > 7 years
4. CHECK Sch 3 para 2

Front 21

Legal lease for 7yrs or less (post 13-10-03)

Back 21

Sch 3 para 1

Front 22

Legal lease for 7yrs or less (pre 13-10-03)

Back 22

Sch 12 para 12

Was an overriding interest under LRA,s70(1)(k)

Front 23

Legal easements
Prescription/implied
Pre 13-10-03

Back 23

Sch 12 para 9

Front 24

Legal easements
Prescription/implied
Post 13-10-03

Back 24

Sch 3 para 3

Front 25

Family law rights don't come under actual occupation

Back 25

FLA96, s31

Front 26

Must be registered at LR before registration of new buyer

Back 26

LRA, s29

Front 27

For Sch 3 para 2 overriding interests, they must exist by completion of sale not registration

Back 27

Abbey National v Cann

Front 28

Must be on Charges Register prior to new buyer registration

Back 28

LRA, s29

Front 29

To bind, a IARE must

Back 29

LRA, s29
Must be on Charges Register prior to new buyer registration

If trust, registration alerts to allow overreach

Front 30

To bind, a unregistered overriding interest must:

Back 30

Must exist by registration of new owner.

BUT Sch 3 para 3 ones must exist by completion of sale (Abbey)

Front 31

To bind, a registrable disposition must:

Back 31

Must be registered at LR before registration of new buyer
LRA, s29