How The Law Of Property Act 1925 And Land Registration Act...

Introduction This essay will start by considering B’s position – how the Law of Property Act 1925 and Land Registration Act 2002 affect her interest in Y in relation to D’s interest. It will then move on to consider C’s position in a similar fashion. Finally, it will conclude with a critical examination of some of the legal principles applied. Brenda’s Interest B’s equitable interest is generated from her contribution to the purchase price of Y through the creation of a trust in the property. Such an interest was previously classified in the Land Registration Act 1995 as a ‘minor interest’, and ought to be registered in the proprietorship register of Y’s title as restriction on the proprietorship register, in accordance with s. 40 – 47 of the Land Registration Act 2002 to facilitate overreaching. According to s. 2(2) of the Law of Property Act 1925, overreaching can only occur when the purchaser, during a registered disposition of land, deals with two or more trustees - the equitable interests of the beneficiaries under the trust would then be swept off the land, and included in the purchase price of the property. On the facts, because Y is held on trust exclusively by A, D would have only dealt with one trustee during the transaction. This would mean that the doctrine of overreaching does not apply with respect to B’s equitable interests. Under s. 29(2)(a)(i) of the Land Registration Act 2002, pre-existing interests in land can only be protected against a registeredShow MoreRelatedAn Buyer Owner Of The Land1367 Words   |  6 Pagesinterest in Whitegates as Alex is the sole owner of the land. What must be established is whether she has an equitable interest in Whitegates that will bind the purchaser Molly. The express creation of a trust is not the only method to create a trust. 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