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General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

Q: Why are matrimonial home rights NOT an INTEREST in land under section ( 31(10(b) of the FLA 1996) ?

Rights under ( s30 FLA 1996) were excluded from this provision by (s31(10)(b) of the FLA 1996) .

4 important questions on General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

Under Schedule 3, Paragraph 2, an interest can only belong to a person that is in ______ what type of occupation of the land?

Actual occupation of the land over which the interest arises.

Explain the facts and judgement in (Williams & Glyn Bank v Boland) guide us as to what 'actual occupation' means in (Schedule 3, paragraph 2 LRA 2002)?

The husband was the sole registered legal owner of the matrimonial home. He tried to mortgage the property. It was held that the wife had an overriding interest through her actual occupation - Wilberforce - ordinary meaning of actual occupation which is physical presence (sch 3, para 2 LRA 2002).

What conditions must be fulfilled for the interest to qualify under the exception of actual occupation (Sch 3 para 2)? What is the relevant case authority?

The interest must be proprietary in nature and not personal. In (Strand Securities v Casewell) a man let his step-daughter live in his unoccupied property rent-free. He unsuccessfully tried to rely on her presence to show that he was in actual occupation. It was held that the owner could not be in actual occupation through his step-daughter's residence. She was occupying for her own purpose, rather than the owners.

Why are matrimonial home rights NOT an INTEREST in land under section (31(10(b) of the FLA 1996)?

Rights under (s30 FLA 1996) were excluded from this provision by (s31(10)(b) of the FLA 1996).

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WS3 The Registered System

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Topics that are related to General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

4 important questions on General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

Under Schedule 3, Paragraph 2, an interest can only belong to a person that is in ______ what type of occupation of the land?

Explain the facts and judgement in (Williams & Glyn Bank v Boland) guide us as to what 'actual occupation' means in (Schedule 3, paragraph 2 LRA 2002)?

What conditions must be fulfilled for the interest to qualify under the exception of actual occupation (Sch 3 para 2)? What is the relevant case authority?

Why are matrimonial home rights NOT an INTEREST in land under section (31(10(b) of the FLA 1996)?

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General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

4 important questions on General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

Under Schedule 3, Paragraph 2, an interest can only belong to a person that is in ______ what type of occupation of the land?

Explain the facts and judgement in (Williams & Glyn Bank v Boland) guide us as to what 'actual occupation' means in (Schedule 3, paragraph 2 LRA 2002)?

What conditions must be fulfilled for the interest to qualify under the exception of actual occupation (Sch 3 para 2)? What is the relevant case authority?

Why are matrimonial home rights NOT an INTEREST in land under section (31(10(b) of the FLA 1996)?

Topics that are related to General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )

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Britain - for Learners of English

Anthropological theory : an introductory his…

Understanding contemporary China

Tourism: a Modern Synthesis

Intermediate accounting.

Justice : what's the right thing to do?

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History

WS1 Introduction to Estates and Third Party …

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