Interests in land which are neither registrable dispositions nor overriding interests and include: Covenants on freehold land; equitable easements & profits; estate contracts.
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What are the 2 ways an interest can be protected?
By a notice and by a restriction.
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What is a notice?
A notice can be either entered with the consent of the registered proprietor or unilaterally. If unilaterally, the RP can object and the registrar decides the validity. Entry doesn't mean its recognised as valid simply has priority.
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What interests cannot be protected by the entry of notice?
Leases for less than 3 years & interests under a trust of land and leasehold covenants.
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What is restriction?
S 44(1) of the LRA provides that where 2 or more persons are registered as proprietors a restriction must be entered to ensure that interests are actually of being overreached.
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Where can a restriction apply?
Where the beneficial interest is held under a tenancy in common as it is held in separate shares, but NOT where it is held under a joint tenancy where the beneficial interest will vest in the surviving joint tenant.
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Other cards in this set
Card 2
Front
What are the 2 ways an interest can be protected?
Back
By a notice and by a restriction.
Card 3
Front
What is a notice?
Back
Card 4
Front
What interests cannot be protected by the entry of notice?
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