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Land Registration (Goals of Title Registration (Bring more land under…

- - - - Transfer of an estate
      - Grant of leasehold longer than 7 years
      - Creation of first legal mortgage
      - Any land that falls under this section cannot be completed until registration is fulfilled and failure to register will result in an equitable interest and not a legal one
- - - - S32 notice can be entered into the register to protect interests and make them binding upon a future purchaser
      - Exclusions for what can be entered as a notice are outlined under s33
        
        Any interest under a trust
        
        A leasehold estate for a period shorter than 3 years
    - - Overriding interests are found under Schedule 3 LRA 2002
        
        Paragraph 1
        
        Legal leasehold shorter or equal to 7 years
        
        Doesn't apply to equitable leases
        
        Paragraph 2
        
        Interests of a person in actual occupation
        
        Interest in land + Actual Occupation = Overriding Interest
        
        Interest must be proprietary and not personal in nature - Strand Securities v Caswell [1965]
        
        Protections under Williams v Boland [1981]
        
        Boland's wife entitled to a beneficial interest for financial contribution to the property
        
        As she was in occupation and had a beneficial interest, she had an overriding interest, and thus the bank seeking to repossess the home had to comply with her interests
        
        Conditions and exceptions under s2
        
        Actual occupation + beneficial interest = Overriding interest unless one of two exceptions are fulfilled
        
        Someone failed to disclose the interest when questioned about it, when they could have reasonably been expected to do so
        
        the occupation would not have been obvious on a reasonable inspection and the person whom the disposition was made to didn't have actual knowledge of the interest
        
        Paragraph 3
        
        Legal interests created by implication or prescription
        
        Only applies to legal easements that are not expressly granted
        
        Exceptions to these interests
        
        Owner had no knowledge of the legal easement
        
        It would not have been obvious on a reasonable inspection of the land
      - Restrictions under s40 can be imposed to restrict the way in which the owner of the land is able to enjoy it
        
        Restriction may forbid a certain disposition or attach conditions to it
        
        Overreaching of interests can be conducted if the purchaser pays two or more trustees or a trust corporation
        
        Beneficiaries can essentially trade away their right to land in return for certain restrictions being imposed