Equitable Interests, Actual Occupation, Land Registration and a Slice of Feudalism

2021 ◽  
Author(s):  
Martin John Dixon
Keyword(s):  
Land Registration ◽  
Actual Occupation

THE RIGHTS OF EVERY PERSON IN ACTUAL OCCUPATION: AN ENQUIRY INTO SECTION 70(1)(g) OF THE LAND REGISTRATION ACT 1925

1998 ◽  
Vol 57 (2) ◽  
pp. 328-351
Author(s):  
LOUISE TEE
Keyword(s):  
Land Registration ◽  
Statutory Provision ◽  
Alternative Approaches ◽  
Personal Skill ◽  
Actual Occupation ◽  
The Way

The writer considers the scope and application of the present statutory provision, and discusses possible alternative approaches. She begins by examining the meaning of the word “rights”, and examines the difficulties and inconsistencies in the way the word has been interpreted by the courts. She then considers possible statutory amendment, from abolition, or restriction, to, more controversially, an extension to encompass all rights related to the land, whether personal or proprietary, other than those requiring personal skill or confidence. She suggests that such a widening of the scope of the provision would be conducive to certainty, fairness and comprehensiveness. The second part of the article examines the concept of occupation, and traces the judicial approaches to this requirement. Possible statutory amendment is then considered. The article concludes that the scope of the section should be widened, but that the qualifying occupation should be apparent as well as actual.

7. Registered land

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Land Registration ◽  
The Law ◽  
First Time ◽  
Actual Occupation

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the new Act and the rules made under it (Land Registration Rules 2003). The discussions cover what can be registered; registering title for the first time; dealings with a registered estate; buying a house with registered title; interests protected by entries on the register; interests that override a registered disposition; interests of persons in actual occupation; discovering encumbrances; alteration of the register and indemnity; transfer and completion by registration; the priority of competing equitable interests; and electronic conveyancing.

6. Registered land

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Land Law ◽  
Land Registration ◽  
The Law ◽  
First Time ◽  
Actual Occupation

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the 2002 Act and the rules made under it (Land Registration Rules 2003). The discussions cover what can be registered; registering title for the first time; dealings with a registered estate; buying a house with registered title; interests protected by entries on the register; interests that override a registered disposition; interests of persons in actual occupation; discovering encumbrances; alteration of the register and indemnity; transfer and completion by registration; the priority of competing equitable interests; and electronic conveyancing.

Overreaching after Boland

Legal Studies ◽  
1986 ◽  
Vol 6 (2) ◽  
pp. 140-153
Author(s):  
M. P. Thompson
Keyword(s):  
Land Registration ◽  
Actual Occupation

In William & Glyn's Bank v Boland Mr Boland, the sole resgistered proprietor of a house, mortgaged it to a bank. On his inability to meet the repayments, the bank sought possession as a prelude to the exercise of its power of sale. The action of possession failed because Mrs Boland successfully claimed an overriding interest in the property. This claim was founded on her having substantially contributed to the purchase of the house, thereby obtaining an interest in it. This interest was enforceable against the bank because she was in actual occupation of the land at the time it acquired its interest with the result that, because of section 70(1)(g) of the Land Registration Act 1925, she had an overriding interest in the land.

Designing a coherent land registration system for rural Portugal

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Tiago NUNES ◽  
Miguel COUTINHO
Keyword(s):  
Satellite Images ◽  
Field Research ◽  
Digital Native ◽  
Web Based ◽  
Registration System ◽  
Land Registration ◽  
Daily Rate ◽  
Property Owners ◽  
Property Identification

After almost a century of several attempts to establish a coherent land registration system across the whole country, in 2017 the Portuguese government decided to try a new, digital native approach to the problem. Thus, a web-based platform was created, where property owners from 10 pilot municipalities could manually identify their lands’ properties using a map based on satellite images. After the first month of submissions, it became clear that at the current daily rate, it would take years to achieve the goal of 100% rural property identification across just the 10 municipalities. Field research during the first month after launch enabled us to understand landowners’ relationships with their land, map their struggles with the platform, and prototype ways to improve the whole service. Understanding that these improvements would still not be enough to get to the necessary daily rate, we designed, tested and validated an algorithm that allows us to identify a rural property shape and location without coordinates. Today, we are able to help both Government and landowners identify a rural property location with the click of a button.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

Overreaching, Trustees' Powers and the Reform of the 1925 Legislation

1990 ◽  
Vol 49 (2) ◽  
pp. 277-333 ◽  
Author(s):  
Charles Harpum
Keyword(s):  
True Nature ◽  
Trust Property ◽  
The Law ◽  
Law Commission ◽  
Actual Occupation

Overreaching, as the doctrine is now understood, is the process whereby a purchaser of property takes it free from any interests or powers, which attach instead to the proceeds of sale. Dispositions of trust property and conveyances by mortgagees, by personal representatives and under an order of the court may all overreach equitable interests. A lease granted by a mortgagor may overreach the rights of the mortgagee. This article is concerned primarily with dispositions of trust property and in particular those by trustees for sale of land. It seeks to demonstrate that the concept of overreaching is wider than is supposed. Two principal arguments are advanced. The first is that overreaching is a necessary concomitant of a power of disposition. A transaction made by a person within the dispositive powers conferred upon him will overreach equitable interests in that property, but ultra vires dispositions will not, and the transferee with notice will take the property subject to those interests. The second argument is that the draftsman of the 1925 property legislation fully appreciated the true nature of overreaching, and attempted to employ it as an essential part of his scheme for the facilitation of conveyancing. His intentions have not been appreciated in practice, and his carefully constructed scheme has been misapplied. The article considers critically recent proposals for reform from the Law Commission, and in particular the emphasis which those proposals give to the protection of the rights of persons in actual occupation. It will be suggested that reform might be more effectively achieved by employing the essentials of the scheme constructed by the draftsman of the 1925 legislation.

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