Course of GDL programme (Land law ) Essay Example | Topics and Well Written Essays - 2000 words

manakin of GDL programme (Land law ) - Essay ExampleThe first requirement that is presumed not to be followed is of s.2 Law of piazza (Miscellaneous Provisions) Act 1989, which states that a contract for disposition of land must be in writing and should be signed by each party to the contract. However from the fact it is seen that there has been conveyancing of dimension, thus it tolerate be said that the registration of Brain as the new owner has taken place.In registered land, the primaeval rights interest and title are illustrated by the register which consists of three parts, that is the property register, the proprietorship register and the charges register. The property register demonstrates the type of estate held by the owner and further gives facts of the property. The proprietorship register on the other hand gives the name of the registered proprietor and goes on to state any restrictions or limitations which build been placed on the proprietor to deal with the land . Finally, the charges register lays down third party rights which dwell on the estate.Under the LRA 1925 the encumbrances that exist are classified into two categories, that is predominate interests, which bind the purchaser even if not mentioned on the register, and pocket-sized interests, which will be void against the purchaser unless the interests are protected through an entry on the register.The predominant interest that can be relied upon by Wanda is s.70 (1) (g) LRA 1925. Under the LRA 2002 it has been express that a persons right of actual strain will be construed as an overriding interest under the LRA 2002. This section consists of, The rights of every person in actual occupation of the land or in receipt of the rent and profits thereof, save where interrogatory is made of such person and the rights are not disclosed.It has been said that a person who does not have any legal or sincere right in land can get no benefit from s.70 (1) (g), nor can a person who not i n actual occupation. (Strand Securities Ltd v. Caswell1).In Williams & Glynns Bank Ltd v. Boland2 it was stated that it is the fact of occupation that matters and physical presence on the land and not some entitlement in the law is required.Further it has been stated that the purchaser will be bound by all the overriding interests that exist at the cartridge holder of the date of registration. (Abbey National Building Society v. Cann)3The courts have dealt with the issue of what happens if an occupier of the lan is absent for a temporary period in Chhokar v. Chhokar4, where a husband in order to divest his married woman from claiming an equitable interest in the matrimonial home, carried on and completed a sale of property to his collaborator, while his wife was in the hospital. He then escaped with what he got from the proceeds. Finally when the wife returned she was refused her interest because of not organism physically present on the land, at the time of registration. The Cour t of Appeal took into account of the fact that her furniture had been there at the house, thus it was held that she was in occupation and so the purchaser was bound by the overriding interest. This case would seem to have settled the issue, however there is a problem which has been said to be in existence, that is the courts did not make any reference whatsoever, of the LRA 1925, thus it