Enforcement of interests over unregistered land

Question 1

How is title deduced for unregistered land?

Answer 1

epitome of title

Question 2

What was the position on enforcement of legal and equitable third party rights in unregistered land pre-1926?

Answer 2

Legal - bind the whole world
Equitable - if purchaser had notice

Question 3

What was the position on enforcement of legal and equitable third party rights in unregistered land post-1926?

Answer 3

Legal - bind the whole world
Equitable - protected by land charge
- If can’t be protected by land charge = doctrine of notice

Question 4

Post 1926, which equitable interests could not be protected by land charge and the doctrine of notice would have to apply?

Answer 4

• Equitable easements and restrictive covenants before 1926
• Equitable interests in trust of land that have not been overreached

Question 5

What is the consequence if unregistered land fails to be registered after being purchased?

Answer 5

Land reverts to seller after two months

Question 6

What is the exception to the rule that only equitable interests will be registered as land charges?

Answer 6

Puisne mortgages

Question 7

What interests can be registered as land charges?

Answer 7

Puisne mortgage
Estate contract
Restrictive covenant post 1926
Equitable easement post 1926
Spouse’s matrimonial right of occupation

Question 8

What is the effect of entry of an interest on the land charges register?

Answer 8

binding on a purchaser

Question 9

What is the effect of non-entry of an interest on the land charges register?

Answer 9

void against a purchaser but not against a donee
knowledge is irrelevant

Question 10

How is a charge entered on the land charges register?

Answer 10

against name as appears on title deeds of landowner at time created

Question 11

What happens if a land charge is created against an incorrect name?

Answer 11

Nullity

Question 12

How should searches of the land charges register be made?

Answer 12

Against all previous owners back to 1 January 1926

Question 13

What is equity’s darling?

Answer 13

bona fide purchaser for value of legal estate without notice

Question 13

What is the doctrine of notice?

Answer 13

Equitable interests bind anyone except equity’s darling

Question 14

What are the types of notice for the doctrine of notice?

Answer 14

Actual notice: purchaser actually knows
Imputed notice: received by buyer’s agent
Constructive notice: fail to pursue line of enquiry which ought reasonably to be made

Question 15

Can an equitable interest ever be revived once made void by equity’s darling?

Answer 15

No