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and
3 -
ID
V- reregistered title,
qVS
the rightto
a stered steredon
a
Peteserene Pertanityexpressly
Easement has to be registered now.
Equity. Doctrine of Notice
-
doctrineof
->
Gradually, evolved the
courts
sort out if
purchaser is bound.
-> Purchase(Phil was bound by equitable
mightunles he was a bone fide
ofa I al estate without notice
purchaser leg
-
of the equitable rig It (eqcity'sdarling"
-
-> Cof bound the World
legal
I
rights /
-> So
by
daING
scheme:this
eq vitable less
rights
ble than
legal rights when landsold,
Recap:
if ast:is the lanes that Innis claiming
-
right over
proprietary personal.trictive
easement/res
G
or
coverent:
I ·
-
S
proprietary
sometimes a right may 9XII as personal or
there I and M
proprietary -ore have a choice
using the alleyway:
-
about the T
contractual license (personallyight
.
the
Easement-
a legal
right (Proprietary
2) Is easement or an
equitable
element:
mainly depends themet, inget
->
equity are release
, Read 1.4from hand out!
Tutorial 2
Andi) -> Doctrine of esterefers to how long a person
is
of that land.
enjoy rightsofuse andpossession
entitled to
-> Doctrine of tenure is a va ther fuedal
term in which the main idea was that the
"Crown" owned all sand. If the tenants were
to own any land they had to provide services
return.
to the
->
King
Today, the
in
doctrine of tenure has littlepractical
significance
I
as
post1066 reforms changed the
outlookoftenureship
the land remains, but
&
-> central idea of crown owning
legal ownership is transferedandmist provided
,The Estate is
abstraction. Lawson
↳ Anabstract concept how you and the
state.
Tur
e dimensions of land are length, breadth, height,
4th dimension is time.
-Itwas have
importantto an un
texable, rigid
system in medieval times as itrovided
certain ty, and was clearly communicated
clarity
furry hout the kingdom.
-There was an established witsystem in
medieval times.
Smoothedoutthe rough edgesof
is only.
->
Equity can not reach equity's darling. Because of
jurisprudence.
Equitable rights bind whole would exceptbonafide.
->
becoming equity's darling,
↑
>To stu from
everyone land.
you register the
, all Significance of the distinction between legal
and equitable property
rights -
-
when third is
Importantbe bound
↳ a
party acquiring
land, they that
will
rights operating
on
by
land.
pre-existing property
->
Equitable rights risky.
more
-> Land Registration system ultimately decides
how fora purchaser will be bound
by preexisting
rights
->
legal right, it mustbe created in
To create a
-fecompliants are atriality requirements
i.e.
It is made
makes it in writing face that
· 2
It · its t
it is intended to be a deed
by the
or by the
person making executed
it
parties.
deed.
·
Itis
validly as a
as -> Estates that still subsist are feesimple, term
of absolute.
years
-> Easement
-> Den teharge
&legalestate
-> Mortgaye
If a property right is one of the two estates listed in S1 or
falls into one of the five categories of legal interest in S12
then it can be a legal property right as long as the correct
formalities have been complied with.
But if a particular property right falls outside all seven
headings then, applying S138, it can only be an equitable
interest ' for instance, a restrictive covenant is not listed
as capable of being a legal estate or a legal interest. It is
therefore, only recognise an equity under S1 bracket open
three LPA 1925.
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