Download PDF by Martin Dixon; Gerwyn Griffiths: Q&A Land Law 2009-2010

By Martin Dixon; Gerwyn Griffiths

ISBN-10: 0203868005

ISBN-13: 9780203868003

A part of the profitable Routledge-Cavendish Q&A sequence, which gives scholars with crucial recommendation and counsel on essay and examination good fortune, this re-creation has been totally up-to-date and revised to include new advancements in land legislations because the ebook of the former variation. e-book disguise; identify; Copyright; Contents; desk Of circumstances; desk Of Statutes; advent; bankruptcy 1 Registered Land; bankruptcy 2 Unregistered Land; bankruptcy three Co-Ownership; bankruptcy four Successive pursuits In Land; bankruptcy five rentals; bankruptcy 6 Licences And Proprietary Estoppel; bankruptcy 7 Easements; bankruptcy eight Freehold Covenants; bankruptcy nine The legislations Of Mortgages; bankruptcy 10 Miscellaneous difficulties; Index

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Sample text

E. is a purchaser) takes the land subject to any interests appearing on the register and any unregistered interests which override. It is necessary, therefore, to establish whether Beatrice’s registered title is subject to any adverse interests which may prohibit her proposed development. Secondly, if Beatrice’s title is encumbered by a third party interest, there arises the question of alteration or indemnity. (a) The restrictive covenant Beatrice will be unable to build the proposed supermarket if she is bound by the restrictive covenant.

Yet, once again, in order to be actually binding, the proprietary right must be protected in the proper manner under the LRA 2002. , Cathy is not in discoverable actual occupation under Sched 3, para 2). Moreover, in this case, the option has not been protected by entry on the Register, and therefore has no priority against a purchaser and cannot be enforced against Paula: s 29 of the LRA 2002. (See, for example, Bhullar v McCardle). In such circumstances, the only slender hope – and it is very slender – is for Cathy to establish that her unregistered interest has been defeated by fraud.

They, too, must be registered to take effect as legal mortgages (otherwise they may be equitable) and are considered in more detail in the chapter on mortgages. Question 1 ‘The basic reasons for the introduction of a land registration system were realised by the Land Registration Act 1925. ’ Discuss Answer plan • Pre-1925 problems; • the mechanics and principles of land registration: ᭺ titles; ᭺ mirror principle; ᭺ curtain principle; ᭺ insurance principle; • unregistered interests which override; • registered protected interests; • some problems and solutions: ᭺ undiscoverable but binding interests and the changes made by LRA 2002; ᭺ protecting the purchaser or the occupier; ᭺ clarity under the LRA 2002.

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Q&A Land Law 2009-2010 by Martin Dixon; Gerwyn Griffiths

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