Suggested Answer to Exercise 4.3
Planning Your Answer
Issues
1. Is Agnes entitled to be registered as the proprietor of the cottage in place of Maria?
2. What difference, if any, will it make if Maria purchased the land from two registered proprietors?
Rules
1. The importance of registering dispositions that need to be completed by registration: LRA 2002, s 27.
(Land Law, Sections 4.5.2 and 4.8.1.)
2. Alteration of the register: LRA 2002, s 64 and Sch 4.
(Land Law, Section 4.9.)
3. Priority of interests in Registered Land: LRA 2002, ss 28, 29, 30.
(Land Law, Sections 4.8.2.)
a) Protection by entry of a notice: LRA 2002, ss 29(2)(a)(i), 32, 33.(Land Law, Section 4.5.1.)
b) Interests capable of overriding the register: LRA 2002, s 29(2)(a)(b), Sch 3.
Interest of person in actual occupation: LRA 2002, Sch 3, para 2.
i) Interest: Williams & Glyn Bank Ltd v Boland.
ii) Actual occupation: question of fact, but refer to relevant cases when analysing the facts of the question and their consequences.
iii) Had the interest been disclosed; was it ‘discoverable’: LRA 2002, Sch 3, para 2(b), and 2(c).
(Land Law, Section 4.6.2.))
4. Overreaching (London Building Society v Flegg).
(Land Law, Section 4.6.2(a) and 14.6.1.)
Answer Plan
1. Introduction: registered land the LRA 2002.
2. The consequences of Agnes’ failure to register the transaction
a) Void at law for non-registration
b) Creates an equitable interest
3) Not a case to which alteration of the Register is relevant.
4) Does Maria have priority over Agnes’ interest?
a) General rules of priority: how they are varied by the LRA 2002.
b) Could and has the interest been protected by entering a notice on the Register?
c) Does the interest override the register?
i) Is it an ‘interest’ within para 2 of Sch 3?
ii) Was Agnes in ‘actual occupation’ for the purposes of para 2 of Sch 3?
iii) Was Agnes’ occupation discoverable under the provisions of para 2 of Sch 3?
5) Payment of the purchase monies to two trustees.
- Are all the requirements for overreaching satisfied?
- If so, Agnes can recover the money from Jake, but not the property from Maria?
Before you go to the next page, prepare a more detailed answer plan, incorporating references to the statute law and relevant cases.
