Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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Unregistered land 4
Hunt v Luck [1902] 1 Ch 428 5
Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783 5
Law of Property Act 1925 ss 198, 199 5
Land Charges Act 1972 ss 2, 4(5)(6), 10(4), 17 6
Midland Bank v Green [1981] AC 513 6
Introduction 6
Gardner (2014) 77 MLR 763 6
Purchasers with actual notice 7
Smith, Pp 250 – 257 7
L.R.A s23, 26, 29 9
Law Com 254, Para 3.39-3.50 9
Law Com 271, paras 5.16-21, 5.1-5, 5.6-5.13 10
(previous law) Peffer v Rigg [1977] 1 W.L.R. 285 11
Lyus v Prowsa [1982] 2 All E.R. 953 11
Thompson, “Registration, Fraud and Notice” [1985] C.L.J. 280 11
Howell, “Notice: A broad view and a narrow view” [1996] Conv 34 at pp 40-43 13
Farah Constructions V Say-Dee (2007) 81 ALJR l 107 at [190]-[198] (High Court of Australia) 13
Midland Bank v Green[1981] AC 513 14
Forgery 14
Swift 1st Ltd v CLR [2015] EWCA Civ 330 14
Lees (2015) 131 LQR 515 14
Milne [2015] Conv 356 15
Smith [2015] CLJ 401 16
Overriding interests (Introduction) 17
Smith, 257 – 275 17
LRA, s 115-116, Schedule 3 19
Law Com 254, Parts IV and V 19
Law Com 271, Part VIII (we study Schedule 3, though some of the material is discussed in relation to Schedule 1 - first registration) 20
Overriding Interests (Paragraph 1) 20
City Permanent BS v Miller [1952] Ch 840 20
Overriding interests (Paragraph 2) 20
National Provincial Bank Ltd v Ainsworth [1965] AC 1175 at pp 1226-1227 and 1259-1262 20
Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] Ch 216 21
Epps v EssO Petroleum [1973] 2 All E.R. 465 21
PAlk (1974) 38 Conv. 236 21
Swift 1st Ltd v Chief Land Registrar [2015] EWCA Civ 330 22
Williams and Glyn's Bank v Boland [1980] 2 All E.R. 408 22
Smith [1981] L.Q.R. 12 23
Sydenham [1980] Conv. 427 23
Martin [1981] Conv. 219 24
Lloyds Bank v Rossett [1988] 3 All E.R. 915, 924-927, 938-942, 945-948 (only actual occupation issues) 24
Smith, (1988) 104 L.Q.R. 507 25
Sparkes [1989] Conv. 342 25
Abbey National v Cann [1990] 1 All E.R. 1085 25
Smith 106 L.Q.R. 32 26
Hypo-Mortgage Services Ltd v Robinson [1997] 2 FLR 71 26
Link Lending Ltd v Bustard [2010] EWCA Civ 424 26
[2010] 28 E.G. (Estates Gazette) 86 26
Chaudhary v Yavuz [2011] EWCA 1314; [2013] Ch 249 26
McFarlane, “Eastenders, Neighbours and Upstairs Downstairs: Chaudhary v Yavuz, 2013 Conv 74 (Comment on Chaudhary v Yavuz 27
Jackson, Title by registration and concealed overriding interests: the cause and effect of antipathy to documentary proof, 119 LQR 660 28
City of London BS v Flegg [1988] AC 54 29
Scott v Southern Pacific Mortgages Ltd [2015] A.C. 385 29
Mortgage Express v Lambert [2016] 3 WLR 1582 29
Dixon, Priority, overreaching and surprises under the Land Registration Act 2002, 133 LQR 173 (Comment on Lambert) 29
Bristol and West BS v Henning [1985] 1 WLR 778 30
Paddington BS v Mendelsohn (1985) 50 P & CR 244 30
Alteration and indemnity 30
Textbook 30
LRA, Schedule 4, paras 1-4, 8, s 131, Schedule 8, paras 1, 5-9, 11 32
Law Com 254, Part VIII 32
Law Com No 271, Part X 33
Baxter v Mannion [2011] 2 All ER 574 33
Gold Harp Properties v MacLeod [2014] EWCA Civ 1084 33
Goymour [2015] Conv 253 33
Smith [2015] CLJ 10 35
Swift First Ltd v CLR [2015] EWCA Civ 330 35
Goymour [2013] CLJ 617 35
Cooper, “Resolving Title Conflicts in Registered Land, (2015) 131 LQR 108 36
Electronic Conveyancing 37
Land Registration Act 2002 ss 91-93, Schedule 5 paras 1-2, 6-9 37
Law Com No 254, Part XI (in outline) 37
Goals of e-conveyancing 37
Concerns regarding E-Conveyancing 37
Law Com No 271, Part XIII, especially paras 13.1-20, 13.47-54, 13.72-84 37
General Issues 37
Benefits of E-Conveyancing 37
How effective is Law Comm at restricting overriding interests? 38
benefits of registration 38
Actual occupation overriding interests: issues 38
Tutorial Questions (and answers) 38
Tutorial Notes 40
Questions 41
Problem Question 41
Rule: legal rights automatically bind the world (all subsequent purchasers, squatters etc.) and equitable rights bind all other than the bona fide purchaser of a legal estate for value without notice. Role greatly diminished by the increase in registration, and even rules of unregistered land are overlaid by registration of land charges and overreaching.
I – Land charges
LCA 1925 (consolidated into LCA 1972) introduced a means of publicity and certainty by providing for statutory notice of certain interests affecting an unregistered estate: they are those burdens on unregistered land that are appropriate for long-term enforcement irrespective of the identity of the estate owner.
The Act modifies the traditional doctrine of notice by providing that registration in the Register of Land Charges is “deemed to constitute actual notice … to all persons and for all purposes” (LPA 1925 s198(1)).
The effect of non-registration is usually voidness of the registrable interest against most kinds of purchasers (but never as between the original parties or their donnees (recipient under a will or intestacy)
Class A, B, C(i-iii), F: void against a purchaser of the land charged with it, or of any interest in such land (purchaser = anyone who gives valuable consideration, precluding any enquiry into adequacy (Midland Bank v Green, Lord Wilberforce)
Class C(iv), D: void against a purchaser for money or money’s worth of a legal estate in the land charged (s4(6) LCA 1975)
Note: this statutory immunity can be defeated by arguments of constructive trust or estoppel (ER Ives v High).
Voidness of registrable but unregistered charges make it irrelevant that the purchaser had actual express knowledge of the existence of the interest (s199(1)(i) LPA 1925) – this effects a change “from a moral to an a-moral basis” in the protection of equitable interests in land (HWR Wade).
Briefly thought that taking a conveyance at an undervalue in a deliberate attempt to free the estate of some known but unregistered incumbrance commits a form of fraud which disables him from pleading the fact of non-registration, but in Midlande Bank v Green this was...
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Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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