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Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 16.2 (Part 2)


Planning Your Answer

Issues

  • 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?

Rules

  1. 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.
  2. 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.
  3. Protection of equitable interests in unregistered land.
    • Land Charges Act 1972
    • Overreaching
    • The doctrine of notice.
    See Land Law, Sections 16.3, 16.4, 11.6.1, and 16.5.

Rules and Answer Plan

  1. Introduction:
    1. The transfer of the legal estate to Dee will trigger first registration (LRA 2002, s 4(1)(a)(i)).
    2. 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.
    3. The validity of the interests will depend upon the basic rules of unregistered land.
  2. Clive:
    1. Legal lease?
    2. Equitable lease?
    3. Personal contract with Hilary?
  3. Lucy (beneficial interest):
    1. Overreached?
    2. The doctrine of notice?
    3. Capable of overriding the register on first registration?
  4. Emma:
    1. Legal lease?
    2. Subject to first registration?
    3. Capable of overriding the Register?
    4. A breach of the restrictive covenant?
      • Does the covenant have priority over the lease?
      • Does the covenant render the lease void?
  5. 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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