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Unregistered Land Notes

GDL Law Notes > GDL Land Law Notes

Updates Available  

A more recent version of these Unregistered Land notes – written by Cambridge/Bpp/College Of Law students – is available here.

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

Categories of interests 1) Legal interests


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


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)


Some 3rd party interests must be registered


Registration constitutes notice: s199 LPA 1925


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:


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


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


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)


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


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

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