Third Party Rights In Unregistered And Registered Land

Question 1

What is the epitome of title ?

Answer 1

Proof of title in unregistered land - at least 15 years old usually a conveyance

Question 2

What is the difference between legal and equitable interests in unregistered land ?

Answer 2

Legal - binds any buyer
Equitable - protected by land charge or doctrine of notice

Question 3

What is the doctrine of notice ?

Answer 3

Buyer is bound by equitable interest unless they are equities darling - bona dose purchaser without notice of interest

Question 4

What is actual notice ?

Answer 4

Buyer knows of the equitable interest

Question 5

What is constructive notice ?

Answer 5

Buyer is obliged to inspect land

Question 6

What is imputed notice ?

Answer 6

Matters within the actual or constructive knowledge of agents

Question 7

What is overreaching ?

Answer 7

Mechanism for buyer to take property free of beneficial interest under a trust - must pay purchase money to a minimum of two trustees who hold the legal estate.

Question 8

What are the three parts of the register ?

Answer 8

• Property register - indicates type of estate + benefits
• Proprietorship - who owns it + class of title
• Charges register - encumbrances

Question 9

What are overriding interests ?

Answer 9

Bind the owner without appearing on register

Question 10

What is an example of an overriding right?

Answer 10

Legal lease for less then 7 years

Question 11

What is true of a legal interest in unregistered land ?

Answer 11

It binds the world