• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Advice on an incident concerning Land Registration.

Extracts from this document...


1. Cathy and Len decide to take their two friends and their four children on a holiday to Disneyland. Len is a qualified pilot so he says he will fly them all there in a private jet. When the time comes for take-off Len feels a little nervous so he and his friend Bill have a few drinks to calm Len down. Bill knows that Len, who is a doctor, can hold his drink and so is not worried about the effects the alcohol may have on his ability to fly the plane. They set off in thick fog but are given the 'all-clear' by Air Traffic Control. After flying for some distance the fog gets worse and eventually they decide that they must try and land the plane as it is not safe to continue. Len is feeling rather drunk so he asks Bill to take the controls. Bill has recently had a few flying lessons and says he is capable of attempting the landing. Unfortunately, things go wrong and the plane crashes. Bill is killed outright and his wife, Susie, is knocked unconscious. Rachel, one of the children, suffers an injury to her arm. Len knows that he should help Susie so he shakes her violently in an attempt to wake her but to no avail. Eventually someone calls an ambulance and the whole party is transported to hospital. On arrival, Susie and Rachel are met by Dr. ...read more.


Further information may need to be acquired such as the duration of the option. It could be that it expires before he purchases the house, which will mean he will not be bound by it. If the option has not been registered estate contracts are void against a purchaser for money or money's worth of a legal estate in the land5. This is illustrated in Midland Bank Trust Co Ltd v Green [1981]6 where it was considered that the purchaser can take free of the option regardless of the amount of money. The facts of the case were that Green gave his son Geoffrey an option to purchase farmland he owned for 21000 over the next 10 years. However, before that time expired he sold it to his wife for �500. By this time he had not registered the charge. Geoffrey sought to enforce his option against his mother. However, Lord Wilberforce said that �500 is money and it does not matter if it was an undervalue. Using this authority it is possible for Alf to take free of the estate contract. Restrictive covenants should be registered as a class D (ii) land Charge if it entered into after 1925. However, it was entered into 1894 making it an equitable easement, which if he is to take free of, needs to comply with the doctrine of notice. He has actual notice of this restrictive covenant so he will therefore be bound by it. ...read more.


3 Paragraph 2 she could claim that her equitable lease was overriding as the interest of a person in actual occupation. The requirements are that her occupation must have been obvious on a reasonably careful inspection of the land at the time of the disposition16 and must not have taken effect in possession after the end of the period of three months beginning with the date of the grant and which has not taken effect in possession at the time of the disposition17. Furthermore, if she meets these requirements than she is able to carry on living in Cowslip Cottage for the remaining duration of her lease even if it is not protected by a notice. 1 Trusts of Land and Appointment of trustee Act 1996 sch 1 para 1(1) 2 Hypo-Mortgage Services Ltd v Robinson [1997] 2 FCR 422 3 Trusts of Land and Appointment of trustee Act 1996, S. 6(5) 4 Trusts of Land and Appointment of trustee Act 1996, s. 15 5 Land Registration Act 1972, s 4(5) 6 Midland Bank Trust Co Ltd v Green [1981] AC 513 (HL). 7 Tulk v Moxhay (1843) 2 Ph 773 8 Ibid 4 9 Land Registration Act 1925, s 52(1) 10 Page 159 11 Hammond v Farrow [1904] 2 K.B. 332 1904 WL 12910 12 Land Registration Act 2002 sch3 para 2 13 Land Registration Act 2002, Sch 3, para 3 14 Land Registration Act 2002 S.33 15 Land Registration Act 2002 s.29 and Sch.3 16 Land Registration Act 2002, Sch 3, para 2c(I) 17 Land Registration Act 2002, Sch 3, para 2 (d) ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. To advise Reggie, it is necessary to look at the law of adverse possession. ...

    Also, there were no sign or words that amounted to severance such as 'equally'21, 'in equal shares'22, 'amongst'23 'divided'24, and 'participated'.25 Thus, the right of survivorship jus accrescendi would operate in this joint tenancy. So, initially, Arnie, Bruiser, Carmen and Dominique are holding the property jointly for the benefit of

  2. The Land Registration Act 2002 heralds major changes to the law and procedures regarding ...

    true owner by restricting his rights to deal with his land with his choice without interruption from any party including the government itself. In facing such critism, the government had come with other excuses to cover their mistake by passing the LRA 1925.

  1. To what extent do you think these aims have been (or will be) facilitated ...

    land system which is governed by statute, the Land Registration Act 1925 (LRA 1925); and the older system being the unregistered land system which is governed by the old rules of common law and equity as amended by statute, the Law of Property Act 1925 (LPA 1925)

  2. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    This was shown in Newtons of Wembley Ltd v Williams (1965)5, where the plaintiff agreed to sell a car to A on the basis that the property was not to pass until the whole purchase price had been paid or a cheque had been honoured.

  1. Law case study

    There is no indication in the case study to say that Eilidh was not attending school.

  2. "The main aims of the Land Registration Acts were to give certainty to title ...

    The LRA 1925 took all interests in land16 and recategorised them as registrable, overriding, or minor. Registrable interests are those that are capable of existing at law under S.1 LPA 192517 and S.2(1) LRA 192518. Effectively this means legal freeholds (legal fee simple absolute in possession)

  1. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, ...

    Section one of PACE a police constable has the power to search any person or vehicle if they have reason to believe that they will find any articles that are stolen, prohibited, or contain blades or sharp parts (see Maddox v Storer 1963)

  2. Torts project - Payment of Compensation in Hit and Run Motor Accident.

    As to whether a claimant, during the pendency of the proceeding a the original or the appellate stage can amend his claim petition under section 166 as a petition under section 163-A of the Act? The Court answered in the affirmative provided that the accident took place on or

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work