Actual occupation without financial contribution
I am completing a question in land law regardung actual occupation.
The claimant is in actual occupation of the property, however hasnt contributed any funds to the purchaser of the property. It can't be overreached and the purchaser has notice of the occupation.
How do I approach this if the title to the land is A)registered and B)unregistered
The claimant is in actual occupation of the property, however hasnt contributed any funds to the purchaser of the property. It can't be overreached and the purchaser has notice of the occupation.
How do I approach this if the title to the land is A)registered and B)unregistered
(edited 6 years ago)
What is the "it" that can't be overreached? What right does the claimant have in the land? Occupation by itself gives no rights.
Hi! I've looked into this further and the interest in question is an estate contract (an option to purchase). I know that this interest cannot be overreached and can be protected by a notice (it hasn't in this case) So, the claimant's last option is schedule 3 of the LRA. The claimant is in actual occupation of fact, but now i just need to know if an option to purchase is a qualifying interest. I can't seem to find information anywhere as to whether it is or not!
Thank you so much! x
Thank you so much! x
Original post by Forum User
What is the "it" that can't be overreached? What right does the claimant have in the land? Occupation by itself gives no rights.
Hi! I've looked into this further and the interest in question is an estate contract (an option to purchase). I know that this interest cannot be overreached and can be protected by a notice (it hasn't in this case) so i have got to schedule 3 of the LRA. The claimant is in actual occupation of fact, but now i just need to know if an option to purchase is a qualifying interest. I can't seem to find information anywhere as to whether it is or not!
Thank you so much! x
(edited 6 years ago)
Original post by misstpxx
need to know if an option to purchase is a qualifying interest
Thank you so much! x
Thank you so much! x
If the person with an option to purchase some land is in actual occupation of that land then their interest will be overriding unless Sch 3 para 2(b) or (c) applies.
There isn't a list of potentially overriding interests. All you do is ask if it is an interest / belonging to a person in actual occupation / relating to the land which is occupied (like Sch 3, para 2 says), and then check it doesn't fall within one of the exceptions.
(edited 6 years ago)
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