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)

4 important questions on 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)

Under (s29 of the Land Registration Act 2002), explain what interests bind a purchaser of a registered title on or after 13 October 2003?

A purchaser for valuable consideration of a registered freehold title takes the legal estate subject to:

(a) 'registrable dispositions' and  'interests affecting a registered estate (IARE)'.
(b) overriding unregistered interests which do not appear on the register.

How is valuable consideration defined in s132 of the LRA 2002 when discussing a purchaser for valuable consideration under s29 LRA 2002?

Valuable consideration does not include marriage consideration or nominal consideration in money (s132 of the LRA 2002).

Under the first category that the third party right may fall, what are the 3 listed examples of registrable disposition in (s27 of the LRA 2002) and does it bind the purchaser?

Have to be completed by registration (refer to part 2 which explains compulsory first registration of certain transactions):

  1. Legal mortgage
  2. legal easements expressly created by deed
  3. creation/disposition of legal leases with more than 7 years to run (does not matter if the leasehold is within a freehold it's a leasehold within a bigger leasehold, as long as the superior leasehold estate is registered) = here, the legal lease has to be registered under s27 LRA 2002; s4(1)(c) LRA 2002 (a lease for a term more than 7 years triggers compulsory first registration)


These interests will bind the purchaser.
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When do unregistered interests bind the purchaser and what potential problems might the purchaser face because the interest is not entered on the register?

The unregistered interests will bind a purchaser if in existence at the date of transfer to the purchaser.

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