Property Law- occupation Schedule 3 Para 2 Watch

arshrxa
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Hi, I'm having some trouble locating the answers for these question in my textbook

If no entries have been made, by what means can the P of the property be bound by an interest of the non owning occupant?

What are the specific requirement that the non owning occupant must meet in order to comply with Sch 3 Para 2 LRA 2002

Thankyou.
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Bitesizelaw
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(Original post by arshrxa)
Hi, I'm having some trouble locating the answers for these question in my textbook

If no entries have been made, by what means can the P of the property be bound by an interest of the non owning occupant?

What are the specific requirement that the non owning occupant must meet in order to comply with Sch 3 Para 2 LRA 2002

Thankyou.
I'm assuming that by 'non-owning occupant' you mean someone who had no proprietary interest in the land when it was sold. If the occupant doesn't have a proprietary right in the property then they can't have anything that can be binding as an 'interest which overrides'. Only an occupant who has a proprietary interest can fall under schedule 3, para 2. Examples would be rights arising under a constructive trust, an estate contract or a right arising under an estoppel.

If they did have a proprietary right then the right will be overriding if they are in occupation provided (1)they didn't disclose their right when they could reasonably have been expected to do so (e.g. asked by the P), or (2) the P didn't know of the interest and the occupation would not have been obvious on a reasonably careful inspection of the land. If either situations (1) or (2) applies then the right does not override and P is not bound.
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