Land Law: Unregistered Conveyancing

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Facts regarding unregistered conveyancing?
Prior to the introduction of compulsory registration in 1925, all conveyancing was done through unregistered system 'title deeds conveyancing'. Still pockets of unregistered land today, before 1925 it was old fashioned, everything unregistered
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What is caveat emptor?
Means 'let the buyer beware' and is the notion that the purchaser is responsible to make all investigations into the land, anything he finds out afterwards is irrelevant; the duty is on him to research
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What is the purchasing process?
If the purchaser's solicitors are satisfied with the purchase, the buyer proceeds with offer and exchanges contracts. within 4 weeks, he takes possession of new property. Transfer deed sent to the Registry & name is changed, Land Registry is updated
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How did purchasing occur in unregistered land?
Conveyancing was a 'nightmare', messy, time consuming, solicitor costs high
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How does purchasing occur today?
Purchaser need go back 15 years to establish valid title (LPA 1969)
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What is a purchaser of unregistered land bound by?
Easement in a deed (S1 LPMPA 1989) third party legal rights (easement in a deed), third party equitable rights (written contract)
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Case examples on the rights a purchaser is bound by in unregistered land?
Walsh v Lonsdale, Midland Bank v Green 1984
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What statute relates to an easement in a deed for unregistered land?
Law of Property Miscellaneous Provisions Act 1989
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What does the Law of Property Miscellaneous Provisions Act 1989 state?
A land contract only exists in the eye of law when all the terms are in one document signed by both parties
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What is overreaching?
A process where the rights of the beneficiaries under a trust of land become detached from the land on conveyance and attach to the proceeds of a sale; a person holding only beneficial ownership can have rights in value of the land not land itself
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Other cards in this set

Card 2

Front

What is caveat emptor?

Back

Means 'let the buyer beware' and is the notion that the purchaser is responsible to make all investigations into the land, anything he finds out afterwards is irrelevant; the duty is on him to research

Card 3

Front

What is the purchasing process?

Back

Preview of the front of card 3

Card 4

Front

How did purchasing occur in unregistered land?

Back

Preview of the front of card 4

Card 5

Front

How does purchasing occur today?

Back

Preview of the front of card 5
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