Enforceability of Third Party Rights in the Unregistered System - The Land Charges System
9 important questions on Enforceability of Third Party Rights in the Unregistered System - The Land Charges System
What is the relevance of the Land Charges Register in relation to third party rights?
Who should register the third party interests and who do the interests apply to (s3 Land Charges Act 1972)?
Can all third party rights be registered on the Land Charges Register? If they can, which act are they listed under and what happens to other interests that fall outside the Land Charges Register?
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When identifying the rights/interests that are capable of being registered as land charges, is a restrictive covenant a land charge and what class of land charge is it registered as?
If a spouse claims rights in a property, what land charge class can they fall under (s2(7 LCA 1972)?
Will the buyer be bound by third party rights that are registered on the land charge register (LPA 1925, s198)?
When must the land charge be registered in order to bind the purchaser?
If the rights/interests are not registered as land charges on the land register, will the buyer be bound (s4 LCA 1972)?
What does the term 'purchaser' mean for the purposes of the (LCA 1972)?
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