Revision Notes Flashcards
(7 cards)
What is the authority for interests that override and will bind a purchaser of registered land?
SCH 3 LRA 2002
What interests are listed in Para 1 Sch 3 LRA 2002?
Are there any exceptions?
Legal leases of 7 years or less
The exception is a lease to take effect more than 3 months from the date of grant or a lease under the right to buy scheme
What interests are listed in Para 2 Sch 3?
Interests of persons in actual occupation
Override because they are easily discoverable or because it would be unfair to expect the holder to know that he should register his interest
Defined more narrowly than in S70 (1)(g) LRA 1925
What are the limitations on an occupiers interest under Para 2 Sch 3?
Will not override if enquiry is made of him and he fails to disclose his interest when he could reasonably have been expected to do so; OR
Occupation was not obvious on a reasonably careful inspection of the land at the time of the disposition and the buyer didn’t know about the interest
Case to show actual occupation under Para 2 Sch 3
Link Lending v Hussein (2010)
No single test for determining whether a person was in actual occupation. The courts will look at:
- degree of permanence
- continuity of presence
- intentions of the person claiming to be in actual occupation
- reasons for absence and personal circumstances
In this case Hussein had been in psychiatric care and wasn’t allowed to live in her house, she still considered it her home and went back every week in a supervised basis.
Held: she was in actual occupation supported by evidence of a sufficient degree of permanence and continuity of occupation, she resided elsewhere involuntarily with a persistent intention to return home, shown by her regular visits to the house
What is the case of THOMAS v CLYDESDALE BANK (2010) about?
W can establish AO when House is under renovation due to her daily presence, the workers on site acting on behalf of W & H and W’s intention to live in the house permanently.
This was seen to be enough to make the bank enquire of the wife’s interest in the estate as an occupier
- confirms that the courts can look into the nature of the property and intention of the occupier
- they don’t need to be aware of the interest itself, just the facts giving rise to it
- the bank knew that the W was planning on contributing towards the house financially and that she intended to live in it as the matrimonial home
Name a case where AO was not found under Para 2 Sch 3
AIB v Turner (2015)
Claimant was resident in Barbados had a cottage in Derbyshire that she occasionally returned to. Her son used the cottage in Sundays
Held: not in AO. Occupation by her son was not occupation by her
