Registered Land: enforcement of interests

Question 1

What are the three interests for enforcement of land (created by LRA 2002)

Answer 1

1) registerable dispositions
2) interest protected by entry
3) overriding interests

Question 2

What are registerable dispositions?

Answer 2

1) mortgage
2) easement
3) right of entry

These must all be completed by registered in order to be completed

Question 3

What are interests protected by entry?

Answer 3

1) easement for an uncertain term
2) restrictive covenant
3) interest in a trust of land
4) estate contract

These interests can only take effect in equity- must be registered in the register to be binding either in charges register or proprietorship register

Question 4

What is overreaching?

Answer 4

Beneficiary of a trust of land has an equitable interest in the land subject to the trust- this is the process where the beneficiaries interest in the land is transferred to the purchaser/mortgage monies paid

Monies must be paid to 2 trustees to ensure overreaching is done.

Question 5

What is overriding interests?

Answer 5

These do not appear on the registered title- but are still binding:

1) legal leases of 7 years or less
2) Interests held by persons in actual occupation of the land (however, if the interest holder fails to disclose interest, or is not obvious on reasonable inspection of the land AND the purchaser does not actually know about it, then the interest is not overriding)
3) Implied legal easement- only overriding if obvious on the land, or exercised in the 12 months prior to the sale