LAND LAW | Lecture 3.2.1| OVERRIDING INTERESTS Sch 3, para 2 (Part one) Interest + Occupation скачать в хорошем качестве

LAND LAW | Lecture 3.2.1| OVERRIDING INTERESTS Sch 3, para 2 (Part one) Interest + Occupation

Are you a law student tackling problem-based question or MCQ in a land law assessment? Understanding overriding interests, particularly under Schedule 3, paragraph 2 of the Land Registration Act 2002, is crucial. In this video, "LAND LAW: OVERRIDING INTERESTS Sch 3, para 2 (Part one) Interest + Occupation," I explain this difficult area by breaking it down into managable bite size sections. This topic is notoriously popular with land law examiners! Having worked as a senior lecturer for 25 years, I know what examiners are looking for. I have written exam questions and marked 1000s of students’ answers. Designed for both newcomers and those consolidating their knowledge, this lecure series will enhance your legal analysis and problem-solving skills by mastering the concept of overriding interests and actual occupation. Please like, comment, and share this video with your peers if you find it useful. WATCH THE NEXT LECTURES 👉Lecture 3.2.2 Overriding interests Part two - knowledge or inquiry    • LAND LAW  | Lecture 3.2.2 | OVERRIDING INT...   👉Lecture 3.2.3 Overriding interests Part three - common errors    • LAND LAW | Lecture 3.2.3|  OVERRIDING INTE...   👉Lecture 3.2.4 Overriding interests Part four - Answer plan    • LAND LAW  | Lecture 3.2.4 | OVERRIDING INT...   MORE VIDEOS ON REGISTERED LAND 👉 Lecture 3.1.1 REGISTERED LAND (part one) - For absolute beginners    • LAND LAW  | Lecture 3.1.1 | REGISTERED LAN...   👨‍🎓👨‍🎓OVERVIEW OF OVERRIDING INERESTS👨‍🎓👨‍🎓 Third parties who have a proprietary right (e.g. an equitable lease or an interest under a constructive trust) and who occupy the land may have an overriding interest in the land (the correct terminology is ‘an interest which overrides’) which takes priority when the land is sold or mortgaged. In other words, the purchaser or mortgagee (lender) is ‘bound’ by the 3rd party’s interest. Overriding interests do not appear on the Property Register but they play a key role in enforcing equitable rights, particularly equitable interests under a constructive trust when overreaching does not apply. Interests which can override in this way are set out in the Land Registration Act 2002, Schedule 3, paragraph 2. Schedule 3, para.2 sets out the general conditions which must be satisfied for an interest to override in this way and these are covered in this first video. I will take you through the wording of the statute and break it down into bite size, manageable sections so that you fully understand it. © Amanda Grant - bitesizelaw HERE IS THE RELEVANT WORDING FROM SCHEDULE 3, PARA. 2 An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is in actual occupation except for— (b) an interest of a person of whom inquiry was made before the disposition and who failed to disclose the right when he could reasonably have been expected to do so; (c) an interest— (i) which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and (ii) of which the person to whom the disposition is made does not have actual knowledge at that time. #LandLaw #OverridingInterests #ActualOccupation #LawStudents #LandRegistrationAct2002 #PropertyLaw