Suggested Answer to Exercise 16.2 (Part 2)
Planning Your Answer
- What interests do Lucy, Emma and Clive have in the house?
- If the contract for sale is completed, will Dee be subject to them?
- Is there anything that Lucy, Emma or Clive should or can do to protect their interests?
- What is the relevance, if any, of the restrictive covenant?
- The relationship between registered and unregistered title when an event triggers first registration: LRA 2002, ss 4(1)(a)(i) and 11(4) and Sch 1.
See Land Law, Section 15.3.1.
- Distinguishing legal and equitable interests (especially leases): section 54 of the LPA 1925 and section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
See Land Law Chapter 5.
- Protection of equitable interests in unregistered land.
- Land Charges Act 1972
- The doctrine of notice.
Rules and Answer Plan
- The transfer of the legal estate to Dee will trigger first registration (LRA 2002, s 4(1)(a)(i)).
- Dee will take the land subject to any interests entered on the register or capable of overriding it (LRA 2002, s 11(4)), provided that these interests were valid at the date of the transfer of the estate.
- The validity of the interests will depend upon the basic rules of unregistered land.
- Legal lease?
- Equitable lease?
- Personal contract with Hilary?
- Lucy (beneficial interest):
- The doctrine of notice?
- Capable of overriding the register on first registration?
- Legal lease?
- Subject to first registration?
- Capable of overriding the Register?
- A breach of the restrictive covenant?
- Does the covenant have priority over the lease?
- Does the covenant render the lease void?
- 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.