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Equitable Interest in the Property and the Land Law - Case Study Example

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This paper 'Equitable Interest in the Property and the Land Law" focuses on the fact that the property has been registered under the land Registration Act of 2002, under which the period of registration is 7 years and all interests in the land are to be registered.  …
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Equitable Interest in the Property and the Land Law
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Download file to see previous pages On a preliminary basis, it would appear that due to the provisions of the Land Registration Act of 2002, Neville will have no claim on the estate at all, since his interests have not been registered and the title was vested only in Harry, Ton and Hermoine – all of which was transferred to Hermoine and then to the new owner, Draco.

However, in the case of Re 139 High Street, Deptford2, it was established that there had been a mistake in the conveyancing transaction and that one annexe on the property actually did not belong to the registered owner, who was the legal owner of the land. The owner of the annexe then asked for the register to be amended and this was done accordingly, in recognition of his interest because he was the true owner of the property. In this case, it was also held that no alterations can be made to the register to recognize unrecognized interests unless the consent of the registered proprietor is obtained. But one of the exceptions that were provided to this rule was that such alterations could be made without the consent of the proprietor if, for some reason, injustice will be done if such alteration is not made.

On this basis, therefore, it may be argued that since Neville has been living there for three years and has been orally granted ownership, it would be unfair to not recognize his interest in the property through amendment of the register to reflect title in his name. Another important aspect that must be considered in this case is the fact that Neville has been in possession of the property, which was also noted by the new owner. In the case of City Permanent B.S. v Miller3 an interest belonging to a person in actual occupation of a property, despite the fact that such interest was not registered, was deemed to constitute an unregistered interest that would override registration. Therefore, since Neville is in possession of the property, his interest in the property could be upheld on the basis of his possession, despite the fact that his interest has not been registered.  ...Download file to see next pagesRead More
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