'In considering s70(1)(g) Land Registration Act 1925 (now Sch 3 para 2 LRA 2002), Lord Wilberforce in Williams & Glyn’s Bank Ltd v Boland  AC 487 (HL) 504 was of the opinion that “…the law as to notice as it may affect purchasers of unregistered land…has no application even by analogy to registered land.”
However, in Lloyds Bank v Rosset  Ch 350 (CA) 403, Purchas LJ was of the view that the words of the subsection “…clearly were intended to import into the law relating to registered land the equitable doctrine of constructive notice.”
Providing analysis for your answer, which of these viewpoints do you regard as a correct statement of the law relating to registered land?'
Really struggling to fully understand the direction of this question, have read around the subject and found several journal articles and commentary's all describing s70(1)(g).
Do i focus on the LRA 2002 overuling of the s70 (1)(g)? Or i do i delve into the case law and history of the topic?
Any guidance regarding structure would be really appreciated.
Thanks in advance!
Land Law - Doctrine of Notice watch
- Thread Starter
- 21-03-2011 18:31