Minor Interests Protected under Land Registration Act 2002

Minor Interests Protected under Land Registration Act 2002

Under the Land Registration Act 2002, minor interests that are neither registered estates nor registered charges can be protected through the system of notice. The Act provides for three types of notice: actual notice, constructive notice, and deemed notice. These notice provisions help protect the interests of individuals who may have rights or claims over a property, even if those interests are not registered on the title.

Actual notice: Actual notice refers to the actual knowledge of an interest or right by a person. If a person has actual notice of a minor interest, they are deemed to have knowledge of that interest, regardless of whether it is registered on the title or not. Actual notice can be acquired through direct communication, witnessing a document, or any other means that give the person actual knowledge of the interest.

Constructive notice: Constructive notice is a legal fiction that presumes certain information is known by the person based on what is recorded in the register. The Land Registration Act 2002 establishes that certain interests, such as leases exceeding seven years, will be protected by constructive notice. This means that a person dealing with the property is deemed to have knowledge of those interests, even if they are not specifically informed or aware of them.

Deemed notice: Deemed notice arises when certain documents or facts are recorded in the register, which serves as a public record of the property. If a document or fact is properly recorded in the register, any person dealing with the property is deemed to have notice of that information. Examples of deemed notice include restrictions, inhibitions, and certain rights or interests that are required to be registered under the Act.

By incorporating the system of notice, the Land Registration Act 2002 aims to provide a level of protection to minor interests that are not registered on the title. It ensures that anyone dealing with the property is considered to have notice of these interests, which can prevent subsequent transactions from overriding or ignoring those rights.
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