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Un/Reg Land (overreaching and overriding interests) - Coggle Diagram
Un/Reg Land (overreaching and overriding interests)
Overreaching
Williams and Glyn’s Bank v Boland: • Mrs. Boland’s was the equitable owner; her rights were not overreached - TOC p.6
Rights area attached to purchase money paid TOC p 3
See TOC p.6
City of London v Flegg: • Overreaching can happen when there are multiple owners of the propertry and multiple interests - TOC p.7
If overeaching is possible, it MAY be protected by means of a restriction, that would signal the need to overreach.
Def: the process of transferring equitable interests under a trust from a specific piece of land to the capital money received from the purchaser TOC p.3
a purchasers of a legal estate takes the testate free of equitable rights. TOC p.3
Applies to beneficial interests to ensure property can be sold; TOC p.3, Therefore extends to trust properties
HSBC Bank plc v Dyche [2009]:it is not appropriate to apply the machinery of overreaching to equitable interests of a commercial nature – prior to 1925 reforms such interest were governed by the doctrine of notice TOC 4
3 Categories
Overriding interest: Interests that can bind though not reg. or protected e.g. short term leases, legal easements exercised within the last 12 months - TOC p. 9
section 70(1)(g) of the Land Registration Act 1925: Used to often to give overriding status to rights of occupation TOC.53
Hunt V Luck: S 701(1)(g): prior to 1926, unreg land had constructive notice of a person's rights TOC p. 54
Common intention must first be identified Jones v Kernott TOC p.54
Ferrishurst Ltd v Wallcite Ltd: OPTION Unreg right can have priority even when one person is in part occupation of a the land TOC. p54
Major Interests: registrable legal interests fee simples, leases over 7 years, easements - TOC p. 9
Minor Interests: prima facie interest protected by notice or a restriction (equitable interests such as estate contracts, restrictive covenants, equitable easements or overreachlabe beneficial interests) - TOC p. 9
Doctrine of Notice
Still has a bearing in Unreg Land in coveneants, equitable estoppel + trusts TOC 4
The only interests that exist at law are in S.1(2) LPA 1925, they are: An easement and a charge by away of legal mortgage TOC p.2, 46
Land is not registered itself, but the title can be registered - TOC p.2, 46
Section 29 LRA, 2002 (Reg Land)
if a disposition (a transfer) is granted and registered, the new interest will take proirity over any unprotected interest TOC p.79
If Section 29 is not satisfied, then Section 28 comes into play and will not take priority over the pre-existing rights on the land TOC p.80
• Section 29(2) of the Land Registration Act 2002 says that the priority of an interest will be protected if it is a subject of a notice in the register (i.e. it has been registered as a Land Charge) OR
• Falls within Schedule 3 of the Land Registration Act 2002 (I.e. overriding interest TOC p.79
3 of the Land Registration Act 2002 lists 9 unregistered right in rem which take priority over a newly granted/transferred right in rem: these include, a lease NOT exceeding 7 years, an interest belonging to somebody in actual occupation, an easement or profit a prendre TOC p.82
Caunce v Caunce: The wife sought to halt the sale as per the doctrine of notice, asserting that the purchaser had not fulfilled their duty in attempting to identify any beneficial interests; The Court HELD controversially found for the husband, finding that a wife could not seek to employ the doctrine of notice as the law viewed her husband as being able to consent on her behalf.
TOC p. 82
Kingsnorth Finance Co Ltd v Tizard: The Court found that the wife’s beneficial interest in the property ought serve to bind the defendant as per the doctrine of notice, reversing Caunce TOC p.83
Proprietary rights/interests: (rights in rem) are registered against the estate they burden on the charges register, this register is known as a notice TOC p.80
Deeds are required for: The transfer of a title, Lease more than 7 years, easement and legal charge (mortgage) over reg. land TOC p.80-81
All rights in rem (legal and eq.) can be registered against the estate they burden
A right under rem can must be created be deed to be legal TOC p.80
Section 33: Rights not protected by notice are beneficial interests and leases under 3 years or less TOC p. 80
