Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with [...]overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
discoverable occupation
Tags
#estates #land #law #leasehold
Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with [...]overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
?
Tags
#estates #land #law #leasehold
Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with [...]overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
discoverable occupation
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Open it tue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with <span>discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This
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