Land Law: Unregistered land

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Last updated: May 28, 2024

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First submitted	April 2, 2024
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What is the term given to what a seller has to prove what title they have?	'Good root'
How long is this?	15 years
Statute	S.44(1) LPA 1925, as amended by s.23 LPA 1969
Three searches for third party rights?	Review title deeds
	Search land charges register
	Inspect property
Statute for official searches	S.10 LCA 1972
Rule 1: What do legal rights do? (bind)	Legal rights 'bind the world'
Rule 2: What must some interests be?	Registered
Statute for these	S.2 Land Charges Act 1972
Most important	Class C (i)	Puisne mortgage/ second mortgage
	Class C (iii)	General equitable charge
	Class C (iv)	Estate contracts
	Class D (ii)	Restrictive covenant
	Class D (iii)	Equitable easements
	Class F	Right to occupy under Family Law Act 1996

What is the effect of registration?	Notice to all
Statute	S.198(1) LPA 1925
Effect of failure to register an estate contract or Class D charge?	Void against a purchaser for money or moneys worth
Statute	S.4(6) LCA 1972
Effect for failure of registration of other land charges?	Void against a purchaser who acquires legal or equitable interest
Statute	S.4(5) LCA 1972
Rule 3: Doctrine of notice	Bona fide purchaser for value of a legal estate without notice takes free of that equitable charge
Rule 4: Has the interest been...	Overreached
Statute for paying two or more trustees	S.27 LPA 1925

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