Q&A Land Law 2009-2010 by Martin Dixon; Gerwyn Griffiths

By Martin Dixon; Gerwyn Griffiths

A part of the profitable Routledge-Cavendish Q&A sequence, which gives scholars with crucial suggestion and information on essay and examination luck, this re-creation has been totally up-to-date and revised to include new advancements in land legislations because the booklet of the former variation. publication disguise; identify; Copyright; Contents; desk Of circumstances; desk Of Statutes; creation; bankruptcy 1 Registered Land; bankruptcy 2 Unregistered Land; bankruptcy three Co-Ownership; bankruptcy four Successive pursuits In Land; bankruptcy five rentals; bankruptcy 6 Licences And Proprietary Estoppel; bankruptcy 7 Easements; bankruptcy eight Freehold Covenants; bankruptcy nine The legislations Of Mortgages; bankruptcy 10 Miscellaneous difficulties; Index

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Example text

Such a radical shift in 1925 was designed to relieve the post-war conveyancing log-jam, as well as to bring certainty and stability for persons with interests in land. In this connection, it is often said that land registration is premised on three principles: the mirror principle; the curtain principle; and the insurance principle. The mirror principle suggests that the Register should be a mirror of all the proprietary rights – both estates and interests – that exist in any given piece of land.

No longer is it true that a person acquires title that is then registered: under the LRA 2002, the act of registration and only that act comprises the grant of title. The first major issue is that of overriding interests: those rights that bind a purchaser of the land without entry on the Register and irrespective of whether the purchaser has any knowledge or notice of them. , they were undiscoverable, as opposed to undiscovered): as in Chhokar v Chhokar (1984) and Malory v Cheshire Homes (2002).

Another example is Ferrishurst Ltd v Wallcite Ltd (1999) where the plaintiff ’s overriding interest in respect of the property (an option to purchase the land) was undiscoverable because his ‘actual occupation’ (under the then s 70(1)(g) of the LRA 1925) extended only to part of that property. However, this difficulty concerning overriding interests was a major reason why the Law Commission recommended a reduction in their scope and effect (see Law Commission Report No. 271) and this has now been implemented in Sched 3 of the LRA 2002.

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