You may differ with your colleagues about whether it was reasonable or not; the important point is to highlight that this is a relevant consideration. Eventually the land was sold and the conveyance specifically said that the land was sold subject to the defendant’s right of way. © 2003 - 2015 Marked by Teachers. S2(c) of Schedule 3 attempts to clarify what constitutes actual occupation and says that an interest will not override if : 1. it belongs to a person whose occupation would not have been obvious on a reasonable, careful inspection of the land at the time of the disposition; and. A purchaser who fails to carry out the necessary search is still bound by the registered interests. Land Law Problem Question; Adverse Possession, Easements, Covenants and Overriding Interests. The Memorandum of Association of a Company must be stopped with the Registrar of Companies. S 198 of the Act is clear on the impact of registration so far as it relates to notice. It is from these, that the doctrine of notice has its very origins. All Rights Reserved. In that case there is no overreaching of the beneficial interest of the person who has the equitable interest. Interpretation and Cases on Village Greens: Commons Registration Act 1965. [8] Royal British Bank v Turquand(1856) 6 E&B 327 [9] Dehra Dun Mussoorie Electric Tramway v. Jagmandardas, AIR 1932 A;ll 141 [10] Official Liquidator of Manasube & Co. Pvt. You can view samples of our professional work here. However, under registered land, the beneficial equitable interest could bind a purchaser if it fell within the sphere of s 70(1)(g) of the LRA 1925. Tough GCSE topics broken down and explained by out team of expert teachers, Learn the art of brilliant essay writing with help from our teachers, Get your head around tough topics at A-level with our teacher written guides, Start writing remarkable essays with guidance from our expert teacher team, Understand the tough topics in IB with our teacher written Study Guides, Learn the art of brilliant essay writing from our experienced teachers, Struggling with an assignment? Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. So here the purchaser cannot rely on enquiries of the owner and non disclosure in certain circumstances, will mean that both the Register and further enquiries fail to protect the purchaser. [7] Mahony v.East Holyford Mining Co., [1875] LR 7 HL 869. This is the primary reason why British and Indian courts have separated their ways from this doctrine, Indian courts never paid much attention to it in the first place, also the “European Communities Act by bringing section 9”[12] into perspective which works on the concept of good faith. The court said that a purchaser should always visit the property he is interested in purchasing, since occupation is constructive notice of an occupier’s rights. The Court of Appeal held that the plaintiff took the land subject to the defendant’s equity which had arisen though estoppel. This means it will be binding on a purchaser. The LRA 2002 has attempted to resolve the issues about what constitutes “actual occupation” which was much litigated under s70(1)(g) of the LRA 1925 with the wording in s2 (c) of Schedule 3 discussed above, but I can foresee litigation regarding when it is reasonable for a person not to make a disclosure and so equity may well be invoked to assist here. The LRA 2002 doesn’t define “purchaser but it is very likely that the a purchaser will not lose his protection even if he has acted in bad faith or has actual notice. subsequent dispositions of the servient estate under Schedule 3, s 3 of the LRA. As this particular section concerned and was based upon occupation, then by analogy it could be based on the identical principle of notice as laid down in Hunt v Luck . (PDF) ding dong the 'doctrine of notice' is dead... | Mark Pummell - Academia.edu After 1925 the doctrine of notice occupied a residual role in determining priority disputes between purchasers and holders of equitable interests in unregistered land. The Court said that the equity was not registrable as a land charge and was binding upon successors in title. As I have already pointed out, the definitive aim of the statute-makers of 1925, 1936, 1969, 1972, 1986, 1988, 1997 and 2002, was to see all land in the United Kingdom entered on the Land Register; but efforts in earlier times27 to co-ordinate a system of land registration had proved just as ineffective as those of the 20th and 21st Century. This leaves the erstwhile owners of such interests with only one course of action left open to them - an action in court against whoever granted them the equitable rights in the first place (which in itself can often prove complicated, as equitable interests such as easements, rights, privileges, co-ownership interests10, lodgers and joint tenants11 etc., are often granted as part of a beneficiary e.g., such as in a will.

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