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(p. 423) 13. Unregistered land and priorities 

(p. 423) 13. Unregistered land and priorities
(p. 423) 13. Unregistered land and priorities

Ben McFarlane

, Nicholas Hopkins

, and Sarah Nield

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date: 17 February 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of unregistered land. It is concerned with priority rules in unregistered land. The fundamental distinction in unregistered land is between legal and equitable rights. Generally, there is no defence against pre-existing legal rights. In respect of equitable rights, a defence is available for a bona fide purchaser for value without notice of the right. The defence is founded on equity's ideas of acting in good conscience. The Land Charges Act 1925 (LCA 1925) provided a system for the registration of a limited number of interests in unregistered land. It had been replaced by the LCA 1972. The 1972 Act enables a number of equitable interests, and one legal interest, to be recorded on a register against the name of the holder of the legal estate. In respect of property rights registrable as land charges a purchaser may have a defence of non-registration. The doctrine of notice does not apply in respect of such rights..

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