BPP University College Of Professional Studies Limited (BPP)
Land Law
Summary
Summary Interests and their enforcement over registered land (Chart - key info)
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Course
Land Law
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BPP University College Of Professional Studies Limited (BPP)
Chart showing the KEY INFORMATION necessary to understand enforcement of different interests over registered land. Designed to access quickly during open book and MCQ exams.
Includes the relevant statutes.
Available in Land law, easements and covenant bundles.
BPP University College Of Professional Studies Limited (BPP)
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Land Law
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ENFORCEMENT OVER REGISTERED LAND
o Basic rule of priority – LRA 2002 s 28 – an interest of any kind will take priority over
later dispositions.
o LRA 2002 s 29 EXEPTION (very large one) this rule of priority does NOT apply to Equity’s
darling.
THREE CATEGORIES OF INTEREST/ESTATE THAT INTERACT WITH ABOVE
1. REGISTRABLE DISPOSITION
2. INTERESTS PROTECTED BY NOTICE OR RESTRICTION
3. OVERRIDING INTERESTS
REGISTERABLE DISPOSITIONS S 27 LRA 2002 (LEGAL INTERESTS)
o These transactions must be completed by registration
o 27(1) they do not operate AT LAW until registration has taken place. [compulsory
registration]
o Freehold estate transfer (s 27 (2)(a))
o Leasehold estate of more than 7 years (s 27 (2)(b))
EXPRESS LEGAL EASEMENTS (LRA 2002 s 27 (2)(d)
o Will then appear on the property register of the dominant land and charges register of
burdened land.
o Properly registered it will bind equity’s darling (s 29(2))
GRANT OF A LEGAL MORTGAGE (s 27 (2)(f)
o Also known as a legal charge
o Must be created by deed
o Failure to register has huge impact on lenders powers to repossess and sell
LANDLORD’S RIGHT OF ENTRY (S 27(2)(e)
o Must be created by deed
o Right is to bring a leasehold estate to an end
o Very powerful right with drastic consequences for tenant
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