Unregistered Land: enforcement of interests

Question 1

What is the first question to ask regarding the enforcement of a right

Answer 1

Is it legal or an equitable interest in the land

Question 2

What is the rules if it is a legal interests

Answer 2

Pre and post 1926 legal interests ‘bind the world’ and will therefore be enforceable against a new owner of the burdened land

However a second legal mortage must be protected by a land charge

Question 3

What is the rules if it is an enquitable interests

Answer 3

1) was it created post 1926
2) Interest in a trust that has not been overreached?
3) if no- the interest must be protected by a land charge
4) if yes- subject to the doctrine of notice and will be binding on everyone except ‘equitys Darling’

1) if before 1926
2) subject to the doctrine of notice and will be binding on everyone except ‘equitys Darling’

Question 4

What is a land charge?

Answer 4

This is a search against the names of the landowner, not the land.

It will be binding on future owners of the land.

Question 5

Who is equitys daling

Answer 5

This is ‘bona fide purchaser for value of a legal estate without notice’

Bona fide- act in good faith
Purchaser- anyone who purchases an interest in the land
For value- money or moneys worth (includes nominal consideration)
of a legal estate- free holder or leasehold estate or charge by way of legal mortgage.
without notice- a buyer can have actual, constructing or imputed notice.

Actual notice- does the buyer have actual notice of the interest
Constructive- prevents the buyers from putting their hands/ears. Buyer will have notice of all interest which a reasonably prudent person would know about on a reasonable search/enquireis over the land
Imputed notice- actual or constructing notice the buyers agent has found out.