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A study of land registration issues

2021-04-01 来源: 51Due教员组 类别: Essay范文

下面为大家整理一篇关于A study of land registration issues的代写范文,供大家参考学习。验证土地登记与凌驾性利益之间的关系是关键。在这种情况下提出的问题是“过期”或“持久性”的解决方案。

 

To what extent is the continuation of an overriding interest justified, given the purpose of the land registration?

 

Verification of the relationship between the land register and overriding interests is a key action.

 

The case Ferrishurst Ltd v Wallcite Ltdhas attracted the attentions of the section 70(1)(g) of the Land Registration Act 1925 due to the court of Appeal is insight appearing to “overriding interests”(Hill, 2000).  In addition, this case has raised the questions regarding to the ‘exigibility’ or ‘durability’ ofproperty interests under the Land Registration Act 1925. Therefore, this article would like to discuss the relationship between the land registration and overriding interests.

 

On the surface, Land Registration Act 1925 is the core law to deal with land registration. Therefore, this Act has played an important role in registration of land in the respective of the overriding interests. The primary question has risen that whether the buyers has the legitimate right to live without registration when buying the land. Inside this Act, 70 (1) (G) is the crucial part to deal with the specific issue related to the overriding interests.

 

If Wallcite Ltd has certified land on part of occupation is enough to position given occupation rights overriding, absurd results will follow. This means that in flat towers the buyers have the options to buy the Barbican estate tenure were able to strengthen the freedom of choice for buyers even choose not to register that occupation tenants. However, it is not clear that why this result should be regarded as absurd. In addition, the land acquisition is registered, or part of it, is accounted for between two courses of actions selection. Firstly, it is composed of terms secretly support 70 (1) (G) itself, relating to a potential buyer for further inquiry found that the occupation of the land, if there is rights claim. Possession of any rights did not reveal not enjoy overwhelming under paragraph (G). In addition, the buyer may require further inquiry, who has the risk that he did not know the overriding interests, prefer to rely on their own the rights to the supplier, they probably won't be poor. Furthermore, 70(1)(G), for example,is related to the principle of application of time: direct lease 21 years term not exceeding the bound registered real estate value of the transferee is merely based on the prior to the creation of the configuration by the assignee to advocate for their overriding interests.

 

In Ferrishurst Ltd v Wallcite Ltd Robert Walker LJ, while he realized in the land register and unregistered different positions, draws attention to the fact that, in the section 70 (1) (G) beyond the function of interest comparable to the non-transfer construction notice. In fact, 70 (1) (G) has explained the framework of the land, and implementing the open principle may smooth the perception; the existing legal injustice is a purchase of land registration may be by the actual occupation despite his occupation is the interests of the constraint in practical application.

 

In conclusion, where the rights, claims it is overwhelming, includes only the occupied part (as in a flat for platform based on his occupation on the establishment of his equity lease overriding status equal person). In this case, obviously, any overriding interests based on occupation will only occupy land.In a case like Ferrishurst Ltd v Wallcite Ltd It is hard to see what reason can exist, in policy terms, the difference between painting and one part of its occupation of land occupation of the whole. According to the Law Committee initially recommended scheme, protection under section 70 (1) (G) shall depend on the actual occupation view. In the part of land occupied, such a framework, less than the whole of occupation, to remind buyers there may be adverse to the rights and please make further query.

 

Reference list

Hill, J. (2000). Overriding Interests: Occupation of Part of the Land. Modern Law Review, 63(1), 113.


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