Land 6 - Enforcement of Interest un-reg. land

Question 1

What is the consequence of failing to register unregistered title within 2 months following compulsory land registration?

Answer 1

Legal title will revert back to the seller

Question 2

How are legal and equitable interests enforced against third parties for unregistered land?

Answer 2

Legal:
- pre and post 1926 interests bind the world
Equitable:
- pre-1926 = doctrine of notice;
- post-1926 = land charges (except equitable easements + restrictive covenants created pre-1926; and interests behind a trust in land that haven’t been overreached)

Question 3

Which post-1926 interests do not need to be entered onto the land charges to be binding?

Answer 3

• pre-1926 equitable easements
• pre-1926 restrictive covenants ; and
• interests behind a trust in land that haven’t been overreached

Question 4

What is the format of a land charge entered?

Answer 4

Against the name of the landowner at the time the right is granted/created. If the name is wrong, protection fails

Question 5

What happens if there is a failure to protect an interest against the correct name and a clear search made against the full name(s) as spelt in the title deeds?

Answer 5

Interest is unenforceable and therefore, not binding on new owner of burdened land

Question 6

What is the effect of being Equities darling?

Answer 6

an equitable interest over land is binding on everyone except ‘equities darling’

Question 7

What is ‘Equitys Darling’?

Answer 7

• a bona fide (good faith) purchaser
• for value of a
• legal estate (freehold or leasehold)
• without notice (active, constructive or imputed notice)

Question 8

Equities darling ‘without notice’ - What are the three forms of notice?

Answer 8

• actual
• constructive
• imputed

Question 9

Equities darling ‘without notice’ - What is imputed notice?

Answer 9

Notice is received by buyer’s agent e.g. solicitor

Question 10

Equities darling ‘without notice’ - What is constructive notice?

Answer 10

If a purchaser fails to pursue a line of enquiry which he ought reasonably to have been made

Question 11

If an equitable interest (other than a trust if land which cannot be registered) is not registered, but a purchaser knew about it, will the interest bind in the purchaser for value

Answer 11

No
(but it would bind a donee)

Question 12

When does the doctrine of notice apply to equitable interests?

Answer 12

• equitable easements and restrictive covenants before 1926 (because required to be registered after this date so will always have notice)
• interests that have not been overreached (because they are not registered).

Question 13

Can the recipient of a gift be equity’s darling?

Answer 13

No