Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override (sch
3 important questions on Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override (sch
Explain (Schedule 3, Paragraph 1 LRA 2002) in relation to overriding interests of legal leases?
Legal leases granted for a term not exceeding seven years is an overriding interest (Schedule 3, Paragraph 1 (a)) and the purchaser will be bound.
Explain (schedule 3, Paragraph 3 of LRA 2002) in relation to unregistered overriding interests of legal easements?
Legal easements which are not created expressly by deed (ie those by implication or prescription) (Schedule 3, Paragraph 3 (b)) of LRA 2002
What are the conditions under (schedule 3, Paragraph 3 of LRA 2002) that will make the easement an overriding interest and bind the purchaser?
(i) the purchaser has actual knowledge of the easement
(ii) the easement is obvious on reasonable inspection of the land
(iii) the easement was used by the person entitled to it in the year preceding the sale of the land
(ii) the easement is obvious on reasonable inspection of the land
(iii) the easement was used by the person entitled to it in the year preceding the sale of the land
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Topics that are related to Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override (sch
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Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser. BELOW DISCUSSES THE CATEGORIES MENTIONED IN (A) + (B)
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General rule under section 29 LRA 2002 for binding a purchaser - Unregistered interests which override - Actual occupation (sch 3, )
