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Land Law (U6) Unregistered Land Exam With Complete Solutions 100% Verified
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Land Law (U6) Unregistered Land Exam With Complete Solutions 100% Verified...
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Land Law (U6) Unregistered Land Exam With CompleteSolutions 100% Verified
If owner wants to sell unregistered land, what must he show?
Must prove ownership by producing docs showing owner (and predecessors in title) had
uninterrupted possession of land for 15 years.
What does buyer of unregistered land do?
Must investigate title and inspect the land
Epitome of title
Schedule of documents with photocopies of docs attached
Epitome of title starts with?
Good root of title
Good root of title
• shows ownership of whole of legal and equitable interest in land;
• contains recognisable description of land;
• does not cast any doubt on title; and
• is AT LEAST 15 years old.
Good root of title?
,Conveyance (by deed) - solicitor can assume a good root of title as there is an
assumption that title was investigated when title was previously conveyed.
Gift of land
Not good root of title.
no security, recipient not investigate title.
If unregistered lease is sold, what will epitome include?
Lease, plus
documents showing uninterrupted possession for 15 years (or a shorter period if the
lease is
for duration of less than 15 years)
Why check epitome?
To discover if there are any 3rd party rights affecting land, e.g. previous conveyances
could have created easement/restrictive covenant.
If epitome reveals a 3rd party right created prior to root of title?
Buyer entitled to call for a copy of earlier document
Disadvantages of unregistered land
• Epitome may contain forged docs
• Investigating title is time-consuming/ expensive.
, • Bundle of title deeds may be lost, stolen or destroyed
• Old docs may be difficult to read
• If epitome reveals no 3rd party rights, a buyer may unwittingly purchase land
burdened by them
'Purchaser' (s.205 LPA 2915)
Wide, includes a lessee, mortgagee or other person who for valuable consideration
acquires interest in property.
Whether unregistered land is bound by 3rd party rights depends upon?
Whether:
• interest is legal or equitable; and
• how interest is protected.
Legal estates and interests other than puisne mortgages
Bind the whole world, so
purchaser will be bound by them even if purchaser has no actual notice of
estate/interest.
Equitable interests apart from a beneficial interest under a trust
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