Land Law
Land Law
Spring Term Assessment
Even though Joanna paid an initial contribution towards the house, she does not have a legal interest. This is because the house was registered in only Ian's name and therefore he is the sole legal owner. However, she does have an equitable interest due to her contribution towards the purchase price. She would have to register her interest as a restrictive protection as her interest occurs due to a resulting trust. If she has registered this as a minor interest than this would bind Merton building society and prevent them from claiming possession of the house. If however this interest was not registered, she may still have an overriding interest. Overriding interests are covered under section 70.(1) of the Land Registration Act 1925 and more recently in Schedule 3 of the LRA 2002. Paragraph 2 grants statutory rights to people in ‘actual occupation' and states that such an interest exists "at the time of disposition to a person in actual......
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