Topic > Real Estate Law Courses - 1132

Unregistered land is title established by old-fashioned title deeds and is not found in the register of titles governed by the Land Registration Act 2002. Unregistered land is land for which the title must be demonstrated by the transmission of the history of the land through the title document, or related deeds and documents; and not from an audit log. However, this does not mean that land does not have the possibility of being registered. For this question the rights considered are, firstly for Kate it is family rights and actual employment, for Darryl we are asking the question whether it is right to pay rent to lease the land, for Julie we are considering profits thus establishing whether she can use the field as a shortcut and if her goat can graze in the field and finally if Alexander can practice as a pedicurist from the bungalow, we are examining whether the land is encumbered by a restrictive covenant. First we must advise Alexander on his situation with Kate, Richards' wife; then establish whether he has family rights to the property and also whether he was actually an occupant of the property. Paragraph 2 Sch 3 replaced S.70(1)(g) of the Land Registration Act 1925 and under this states that to enjoy overriding status there must be an interest in the land, the interest must not be exceeded and must there is actual employment. First Kate has an interest in the land, but it is not a property interest, as seen in National Provincial Bank v Ainsworth (1965), as Mrs Ainsworth's right to remain in the house was held to be a personal right against her husband, which is not substantial to allow her the right to remain in her home. This is similar to Kate in that it could be argued that it's just... half paper... it's a legal right to pay rent to rent the property. When it comes to Julie we can see that an easement is formed as it is created by deed meaning it is a legal right and she would be able to use the land as a shortcut, however when it comes to her goat Luigi is not you are allowed to graze on the land as it is an equitable interest as it is only an oral permission. Finally, when it comes to Alexander wanting to run a business from the bungalow, we can see that he is limited due to the dominant tenement meeting the criteria to limit the servient tenement. Works Cited - MARTIN DIXON, 2008. Modern Land Law. 6th edition. Routledge-Cavendish-MARTIN DIXON,2012.Modern land law. 8th edition. Routledge-Cavendish prevailing interests. 2014. Prevailing interests. [ONLINE] Available at: http://e-lawresources.co.uk/Land/Overriding-interests.php [Accessed 1 May 2014]