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    ‘In assessing overriding interests, we must consider a combination of the unreasonableness of requiring protection by the interest holder and the extent to which it is fair to bind the purchaser.’

    Is this an accurate account of the role of overriding interests in Land Registration?

    To what extent have the changes brought about by the Land Registration Act 2002 achieved a fair balance between these competing interests?

    What would you write for this question... what would you include... im absolutely clueless when it comes to land law?????!!!!!!
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    (Original post by TASHA12345)
    ‘In assessing overriding interests, we must consider a combination of the unreasonableness of requiring protection by the interest holder and the extent to which it is fair to bind the purchaser.’

    Is this an accurate account of the role of overriding interests in Land Registration?

    To what extent have the changes brought about by the Land Registration Act 2002 achieved a fair balance between these competing interests?

    What would you write for this question... what would you include... im absolutely clueless when it comes to land law?????!!!!!!
    I'd start by figuring out what is the regime of overriding interests under the LRA 2002--ss 28-30, 115, 116, and sch 3 are all relevant. Contrast these provisions with those of the LRA 1925 s 70. Consider how they're applied in case law.

    There's quite a good comparison of the two statutes in a broader sense in Maudsley & Burns' Cases and Materials book. They also go through the rules on priority step by step.

    Lots of different issues in play--in particular about fraud and postponing (see, eg, Halifax and Bank of Scotland v Curry Popeck (sp?), interests in actual occupation, mortgagor's interests, adverse possession, and so on.

    But start with what the statute actually says and how it works--looking at that carefully and critically should give you some ideas for the system's strengths and weaknesses.
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    Thanks so much for your help!
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    I also have a question on this , how are the three priciples of land registration relevant e.g the mirror priciple etc? if at all ?
 
 
 
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