The husband defaulted on repayments and emigrated. The husband and wife agreed that the house should be sold and the net proceeds divided between. Digestible Notes was created with a simple objective: to make learning simple and accessible. the occupation of a wife, but that of a girl friend. unregistered land it is not enough that the claimant is in occupation; she must be found to be in occupation by the purchaser or Subsequently, and in order to defeat the option, the freehold owner conveyed he legal freehold to his wife for 500. Non-registration of a right over land, such as a right of way, is. that he should have enlarged on his answer to the question, . The advantages of unregistered land tend to focus on its protection of overriding interests. interest by reason of having contributed a substantial sum to the purchase price. The documents which prove the history of title over property are described as the essential indicia of title (Sen v Headley [1991] Ch. Although there the land was registered and here it is not, the decision illuminates the manner in **_300_* which. Where, however, the There are several reasons for this approach: Examination consideration: Whilst you are unlikely to have the space to discuss advantages of unregistered land, in an essay question it is very different. The court attempted to equate inquiry in unregistered conveyancing with that expected in registered conveyancing as a result of the decision in Boland. owner of the legal estate, was in occupation, until he departed for the Americas in about June 1983. Simple and digestible information on studying law effectively. 1 See post, p. a girl. Three arguments were used for a contrary conclusion. Held: So, although the contractors hadn't factually or intentionally possessed the land it was held they had a greater claim to possession than mere environmental protesters who had no contractual right to be on the land i.e. Kingsnorth Finance v Tizard [1986] 1 WLR 783. There was physical presence, with all the said about his wife, the reference to

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