Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser - Interests affecting a registered estate
3 important questions on Enforceability of Third Party Interest in the Registered System - General rule under section 29 LRA 2002 for binding a purchaser - Interests affecting a registered estate
List the different types of non-trusts under interests affecting a registered estate (IARE)?
(a) Restrictive covenants over freehold land
(b) Estate contract (such as options and equitable leases)
(c) Right under the Family Law Act rights 1996
(b) Estate contract (such as options and equitable leases)
(c) Right under the Family Law Act rights 1996
Will the above interests bind a purchaser if a notice of the interest is not registered (s32 LRA 2002)?
The interests will not bind a purchaser the interest is registered as a notice on the Land Register (s32 LRA 2002) by the date of transfer to the purchaser (s29 LRA 2002)
Explain why the purchaser will be bound by the exception of actual occupation in (Sch 3, para 2)?
If the person is in actual occupation of the relevant land (conditions fulfilled), the interest may be protected by Sch 3, para 2. However, this does not apply to FLA 1996 rights.
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