enforcement over unregistered land My Modules Flashcards
What does it mean for someone to be equity’s darling?
If someone is equity’s darling, it means they will not be bound by the equitable interest, and this means the interest will be lost forever.
What is the purpose of the doctrine of notice in relation to unregistered land?
The doctrine of notice now only applies to equitable easements and restrictive covenants created pre-1926 and interests in a trust of land that have not been overreached. It determines whether a purchaser has notice of an interest in the land.
What happens if a land charge is not registered correctly?
Failure to register a land charge correctly means it will not be binding on a purchaser of the land. Actual knowledge is irrelevant, but it would still be binding on someone who is gifted or inherits the land.
How are equitable interests protected in unregistered land?
Equitable interests created after 1926 over unregistered land need to be protected by way of a Land Charge, under the Land Charges Act 1972. This provides a means of ensuring the binding nature of these interests on purchasers.
What are the two categories of people affected by the enforcement of interests over unregistered land?
The enforcement of interests over unregistered land affects both interest holders (those with a benefit in a piece of land) and new owners of a piece of land. Interest holders want to ensure their interests are binding on future owners, while new owners need to know what interests they will be bound by before purchasing the land.
What is the doctrine of notice in relation to equitable interests in unregistered land
The doctrine of notice determines the enforceability of certain equitable interests in unregistered land. Before 1926, it applied to all equitable interests, but since then, it only applies to equitable easements and restrictive covenants created before 1926, as well as equitable interests in a trust of land that have not been overreached.
What is an epitome of title and when is it used?
An epitome of title is a bundle of relevant copy documents that contain relevant details about the property. It is used to show the buyer the history of the land and is required during the process of deducing title.
How are legal and equitable third-party rights enforced in unregistered land?
To ascertain if there are any third-party proprietary rights that could bind them as the new owner of unregistered land, purchasers need to identify whether any legal or equitable rights exist. Unlike registered land, there is no central register for these rights. Instead, a buyer must conduct extensive searches to determine what rights exist.
Which equitable interests can be protected by entry into the Land Charges Act 1972?
Interests that can be protected by entry into the Land Charges Act 1972 include puisne mortgages, estate contracts, restrictive covenants created after 1926, equitable easements created after 1926, and a spouse’s matrimonial right of occupation. However, interests in a trust of land and equitable easements and restrictive covenants created pre-1926 cannot be protected by a Land Charge.
What are the three types of notice under the doctrine of notice?
The three types of notice are actual notice, constructive notice, and imputed notice. Actual notice refers to the purchaser actually knowing of the equitable interest. Constructive notice occurs when the purchaser fails to pursue a line of enquiry that should have been made. Imputed notice is notice received by the buyer’s agent, which is imputed to the buyer.
What is the rule regarding the enforceability of legal interests over unregistered land?
All legal interests, such as a legal lease, legal easement, or first legal mortgage, are binding on new owners of unregistered land. The enforceability of legal interests does not depend on whether the purchaser has knowledge of them.
What is the consequence of non-entry of a Land Charge?
If a Land Charge is not registered before the completion of a purchase, it will be void against a purchaser of the land or any interest in the land. However, it will still be binding on someone who is gifted or inherits the land.
What were the rules for enforcing legal and equitable rights before 1926?
Before 1926, legal rights were automatically binding on a successor in title to the land affected. Equitable rights, on the other hand, were only enforceable against a successor if their conscience had been affected, making it just for them to take the land subject to that interest. A bona fide purchaser for value of a legal estate without notice of a prior interest would take the land free from that interest.
What obligations does a purchaser have to avoid constructive notice?
A purchaser must make proper investigations of the title deeds and inspect the land to avoid constructive notice. This includes checking for any evidence of rights of way and making enquiries of all occupiers of the land. Failing to pursue reasonable enquiries may result in being fixed with constructive notice.
How are equitable interests over unregistered land enforced?
Equitable interests over unregistered land must be protected by registering them as a Land Charge. Failure to protect equitable interests by Land Charge means they will not be binding on a purchaser of the burdened land, even if the purchaser has knowledge of the interest. However, equitable interests in a trust of land cannot be registered as a Land Charge.
