Property essay plan
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16 Terms
What is the essay structure
Intro
yes LRA/priority rules/ creates reliable system
P1
mirror and insurance principle makes system reliable - RUOFF
P2
registration of land is required for some land dealings
s28 protects interest holders - 1st interest
s29 protects buyers
notice/restriction protections - GRAY system is primary info source
overreaching - DIXON protects P from equitable burdens
P3 - counterargument
overriding interests protect interest holders but not buyers
actual occupation - chokkar v chokkar
P4 - counterargument
rectification - decreases reliability of register
Conclude
limits dont undermine the whole system
they reflect balance of purchaser certainty and protection of interest holders
whats the mirror principle
the land reg should reflect all the relevent interests
whats the insurance principle
compensation is provided for mistakes
who supports the mirror and insurance principle in portecting purchasers
ruoff
what does s28 confirm
the interest that comes first wins (if no valuable consideration is provided and right isnt registered)
what does s29 confirm
buyers are not bound by previous rights if they provide valuable consideration and properly register the land (unless it is a protected right)
what do notices do
make future purchasers aware of equitable interests
who says the reg allows purhcasers to rely on the reg as primary info source
Gray and gray
what does overreaching protect buyers from
hidden interests
what does Dixon say about overreaching
it allows purchasers to buy land free from equitable burdens
how do overriding interests limit protection offered by the reg system
they can bind purchasers even if not on the register
whats the actual occupation case
chokkar v chokkar
how is rectification a limitation
reduces the reliability of the register
increases purchaser uncertainty
how is rectification good
it ensures there aren’t mistakes on the register increasing reliability and they can get compensation for the mistake under insurance principle
conclusion - LRA is successful because it…
creates certainty and efficiency for land transactions
conclusion - although there are some limitations…
they don’t undermine the entire system they just reflect the balance between purchaser certainty and interest holders protection