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Unregistered Land Notes

GDL Law Notes > GDL Land Law Notes

This is an extract of our Unregistered Land document, which we sell as part of our GDL Land Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Land

[ENFORCEMENT OF THIRD PARTY INTERESTS: UNREGISTERED LAND]
Categories of interests 1) Legal interests

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Bind the whole world: no need for notice or registration - binds a purchaser simply because it's legal

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Exception: puisne mortgage (not protected by deposit of title deeds with lender) which must be registered as a land charge

2) Equitable interests subject to registration under the LCA 1972 Land Charges Act 1972 (which replaced LCA 1925)

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Some 3rd party interests must be registered

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Registration constitutes notice: s199 LPA 1925

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If these interests are not registered, a purchaser of the land is not bound

Section 2 LCA 1972 - Interests which have to be registered - all given letters and numbers:

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Puisne mortgage: C (i) - S2(4)(i) LCA 1972

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General equitable charge: C (iii) - S2(4)(iii) LCA 1972 o Equitable mortgage (where not by deed or not registered)

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Estate contract: C(iv) (S2(4)(iv) LCA 1972 o Right of pre-emption
? Cannot be registered until owner decides to sell - Pritchard v Briggs o Option to purchase or contract of purchase o Equitable lease (contract for legal lease)

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Inland Revenue Charge: D(i) - S2(5)(i)LCA 1972

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Restrictive covenant: D(ii) - S2(5)(ii) LCA 1972 o only applies to restrictive covenants btw freeholders and doesn't apply to those created before 1926 (protected by doctrine of notice) 1

Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.

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