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Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 15.3 (Part 2)


Planning Your Answer

Issues

Is Agnes entitled to be registered as the proprietor of the cottage in place of Maria?

What difference, if any, will it make if Maria purchased the land from two registered proprietors?

Rules

  1. The importance of registration of transactions: LAR 2002, s 27.
    See Land Law, Sections 15.3.2 and 15.6.
  2. Alteration of the register: 4 LRA 2002, s 64 and Sch 4.
    See Land Law, Section 15.9.
  3. Priority of interests in Registered Land (LRA 2002, s 29)
    1. Protection by entry of a notice (see LRA 2002, s 33).
      See Land Law, Section 15.7.1.
    2. Interests capable of overriding the register: occupation (LRA 2002, Sch 3, para 2)
      1. Interest: Williams & Glyn Bank Ltd v Boland);
      2. Actual occupation: see, for example, Malory Enterprises Ltd v Cheshire;
      3. The provisos: para 2(b) and 2 (c).
        See Land Law, Section 15.8.2.
  4. Overreaching (London Building Society v Flegg).
    See Land Law, Section 15.3.5 and 11.6.1.

Answer Plan

  1. Introduction: registered land the LRA 2002.
  2. The consequences of Agnes’ failure to register the transaction
    1. Void at law for non-registration
    2. Creates an equitable interest.
  3. Not a case to which alteration of the Register is relevant.
  4. Does Maria have priority over Agnes’ interest?
    1. General rules of priority – how they are varied by the LRA 2002.
    2. Could and has the interest been protected by entering a notice on the Register?
    3. Does the interest override the register?
      1. Is it an ‘interest’ within para 2 of Sch 3?
      2. Is Agnes in ‘actual occupation’ for the purposes of para 2 of Sch 3?
  5. Payment of the purchase monies to two trustees.
    • Are all the requirements for overreaching satisfied?
    • If so, Agnes can recover the money from Jake, but not the property from Maria.
  6. Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning.

Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.



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