Registered conveyancing

Question 1

Is the property registrable

Answer 1

If it’s a transfer of a registrable estate - freehold or legal / equitable lease

Question 2

What can’t be protected by a notice

Answer 2

Beneficial interests under a trust (curtain principle), leases less than 7/3 years, restrictive covenants

Question 3

List the overriding interests

Answer 3

Leases less than 7 years, interests in land protected by DISCOVERABLE actual occupation, discoverable legal easements or those used in the last year.

Question 4

3 points about actual occupation

Answer 4

1. Can only protect a proprietary right (Ainsworth). 2. Given its natural meaning (Boland). 3. Extent of occupation dependent on nature of the land (Mallory)