Sayles: Land Law Concentrate 4e Chapter 3: Outline answers to essay questions. The 1925 Act also did not distinguish between those interests which are overriding on a first registration and those that were overriding on a disposition of registered land. These are dealt with by Schedule 3, paragraph 2 of the LRA 2002 and are the interests of persons in actual occupation.
a) Third Party Rights – Registered Land Helen must have regard to the potential interests of each of the parties with which she has been dealing: Kevin is in “actual occupation“ notwithstanding the fact that he is not a registered legal owner; She has granted a 5-year lease of Flat 2 by deed to Tom; … Read More» LAW COMMISSION H M LAND REGISTRY LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A CONSULTATIVE DOCUMENT CONTENTS Paragraph Page FOREWORD 1 PART I: INTRODUCTION 2 INTRODUCTION 1.1 2 The move to electronic conveyancing 1.2 2 The deficiencies of the present legislation 1.3 3 The need to develop principles appropriate to registered land 1.5 3 BACKGROUND 1.7 4 THE LAND … Assignment question on the concept of Overriding Interests in Land Law. Instead they focus on whether there is a subjective intention to return or to permanently reside at the property. It has been said that the definition for actual occupation can only be adduced by looking at case law. Question: ‘In recent case law interpreting the “Actual Occupation” provisions of Schedule 3 Paragraph 2 LRA 2002 the courts have looked beyond the fact that there is no physical “actual occupier” at the date of the disposition. Discuss. The latter was determined by Lord Denning MR, as he then was, in William & Glyn's Bank v Boland  Ch 312: 'Actual occupation is a matter of fact not a matter of law. They are interests that are not protected on the land register but which nevertheless bind any person who acquires an interest in registered land, either on first registration or where there has been a registrable disposition of a registered estate that has been completed by registration. Possible third party rights are Jasmine’s actual occupation of the Pine House, Harry’s easement and David’s lease. 2378 words (10 pages) Essay in Land Law. The primary categories of such interests are rights of a person in actual occupation, local land charges, easements and profits, and also certain legal leases. For the purpose of letting these four suites of offices, and while he is In Australia on a six month holiday, he appoints Florence as his agent and gives her full authority to … Case law concerning actual occupation under s.70(1)(g) Land Registration Act 1925 can be used to help determine the meaning, however, LRA 2002 introduced a new feature of obvious occupation. However, Richpickings is part of Wasteland which is currently unregistered. … With the continued “roll-out” of land registration, cases such as Janet’s will become increasingly rare since the Land Registration Act 2002 makes major changes to the process of acquiring registered land by adverse possession.