Land Registration: Unregistered Land

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Doctrine of notice

Doctrine of notice: a bona fide purchaser of a legal estate for value takes priority over any pre-existing interest which is not registerable as a land charge, provided that they did not have actual, constructive or imputed notice of their existence.

 Sections 198 and 199 of LPA 1925: Registration under land charges act constitutes notice. Restrictions on constructive notice.

 Midland Bank – Role of “for value” is simply to exclude gifts and conveyances for nominal consideration; need not be market value.

 

Hunt v Luck – Reasonable inquiries included visiting the property and asking any occupants if they have an interest or if they are a tenant to whom they pay their rent (helps us interpret idea as now laid out in statute).

 

Kingsnorth – An inadequate inspection may also result in being fixed with constructive notice. In that case a pre-arranged visit allowed the legal owner to hide evidence of occupation.

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Registration under Land Charges Act

Registration under land charges act: Relevant sections are 2 (lists what can be registered), and 4(5) and (6) (effectively sets out compulsory registration)

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