This is primarily important, in order for us to judge whether there is a balance or will there ever be a balance achieved between the rights of the purchasers and the rights of the actual occupants. Thus overriding interest is limited to those that are very essential and can be reasonably ascertained by mere inspection of the property. Short legal leases have been re-classified, under Para. There are three fundamental principals to the registration of title, firstly the mirror principal16, secondly the curtain principal17, and thirdly the insurance principal18. In general, the submission demonstrates a detailed and good understanding of the subject with relevant secondary materials being used to structure discussions. Recommendations relating to the accuracy or otherwise of this statement of the law are limited.
Critically evaluate the appropriateness of current legal rules and identify areas in need of reform. In all cases, these interests are protected against a purchaser by other means. In Germany and Australia, there is no overriding interest and all property rights with respect to any land must be valid if it is registered. Hammurabi believed that the gods appointed him to bring justice and order. Overriding interest include leases under 7 years, legal easements and profits a prendres, public rights of way, local land charges, mines and minerals, franchises, manorial rights, a right to rent reserved to the Crown, non statutory rights in respect of an embankment or sea or river wall, right to payment in lieu of a tithe, a right in respect to the repair of a church.
In general, the submission demonstrates a detailed and good understanding of the subject with relevant secondary materials being used to structure discussions. There is no guarantee in respect of the specified defect. For instance, any interests that are registered lose any overriding status they might otherwise posses. The discussion relating to the strengths and weaknesses of the statement demonstrate an acceptable level of knowledge and although there is an attempt to develop the analytical aspects of this the student has failed to develop the discussion in a structured manner. The Registrar must advise the applicant and, so long as the objection is not groundless, must dispose of the objection by agreement between the parties. This created a constructive trust interest over the property obliquely.
Fundamentally, its object is to protect a person in actual occupation of land from having his rights lost in the welter of registration. The holding of an equitable interest in another's land necessitates the need to protect it by ensuring it binds the purchaser on transfer. It was suggested in the Law Commission Report 1987 on Overriding Interests that a reform was needed, which will be seen in the Land Registration Act 2002. Actual occupation must be obvious upon reasonable inspection or the buyer must be aware of the interest. The question of whether or not a purchaser would be bound by equitable interests turned on whether he was able to establish that he was a bona fide7 purchaser of a legal estate without notice8.
Thus the 1925 Act protected an interest in land where its owner is in actual occupation on the land and this resulted in the multiplication of litigation on this subject. Under s 8 of Land Registration Act ,1925 that leases of 21 years and under are protected as overriding interests under s 70 1 k. This means overriding interests effectively detract from the principle that the register should be a mirror of the title. Chokkar 1984 and Malory Enterprises Ltd vs. The 2002 Act has undoubtedly brought land and property law in to the modern age, even though it can be seen that the Act shares much with its older brother from 1925.
The Act replaces the doctrine of notice in that registration is comparable to notice and if the interest is not registered it is void against the purchaser10 but if it is registered the purchaser takes subject to it as determined by s198 of the Law of Property Act 1925 11. Furthermore, the company will not be responsible to third parties for the unauthorized use of its. Thus the Lordships observed that the date of completion was said to be held in favour and as per the facts of this case, it was 12. Changes to Legislation Revised legislation carried on this site may not be fully up to date. HoL ruled that the bank could not repossess the house.
It is to be observed the short comings of s 70 1 g of the Land Registration Act, 1925 has not been fully addressed by the Schedule 3, Para 2 of the 2002 Act. Details of the task Despite the reduction of overriding interests in the Land Registration Act 2002, the presence of overriding interests is still a serious and unjustified distortion of the mirror principle. Appeals from the decision of the Regulator can be made to the High Court s. But when it is registered, it loses its characteristic of overriding status. It is to be noted that interest such as Tenant for Life is not overriding even if it is occupied by such person. Overriding interests are enforceable without being protected on the register and bind a registered proprietor and his transferee despite the fact he does not know of their existence.
In many instances the question of priority will not arise in relation to equitable interests behind a trust since will operate to transfer the interest to the proceeds of sale. The coursework question is predominantly aimed at understanding the role and impact of the land registration system and rules on the transfer of property interests. It is a central idea of the system that once the land is registered, the state will guarantee that the register is accurate in terms of who owns the land. The estate is vested in the proprietor and is subject only to entries on the register and unregistered interests which override commonly called an. However, the wording of Sch 3 para 2 has cast doubt on whether this is still the position:. At the date of completion of this deal that is on August 13 at about 11. Discuss this statement with reference to case law and academic commentary.