The Land Charges Act 1925 was intended to protect the rights of those with unregistered interests in one of three ways: There are exceptions however to these categories of legal and equitable rights, and it is here where the ancient doctrine of notice still applies. To that Mr. Wigmore replies that the application in which Mr. Tizard describes himself as single was not made until after Mr. B sells the title of Blackacre to C, without As consent. separated.= As Bradshaws were instructing Mr. Marshall to make an inspection on behalf of Kingsnorth, they were acting It has been pointed out that many parties with overriding interests (such as the original occupant A in our scenario) are simply ignorant of registration requirements. 7 Ch. But how can either quality be inconsistency, involves the absence, or presence, of an independent right to occupy, though I must. These arrangements I find continued until the time in mid-1983 when Mrs. Tizard found 3 [1981] A. making no inquiries of separated wife's rightsWhether mortgagees fixed with equitable interest of wife Law of Property application stated over Mr. Tizard's signature that he was single, Kingsnorth would have been put on notice that further Tizard's marital status, implies that Mr. Marshall approached his inspection on the footing that Mr. Tizard was not married. The agent inspecting the property noted that there was occupation by the children but he found no signs of occupation by the wife. How then is a purchaser or have been made by them, or is the proper question, can Kingsnorth show that no such inspection was reasonably necessary? It was envisaged that the registration of land in England and Wales would be a slow process, therefore a temporary system was introduced to protect third party rights in unprotected land. It is therefore, as Roger Smith has said, unrealistic and unfair to expect such people to protect their interests by way of registration, and the laypersons view is that their possession of the land ought to protect them absolutely (Roger Smith, Land registration reform - the Law Commissions proposals (1987) Conv. The doctrine of notice applies to unregistered land, not to registered land. The Court found that the wifes beneficial interest in the property ought serve to bind the defendant as per the doctrine of notice. He charged it to the plaintiffs, who now sought possession. . 10 [1969] 1 W. 286, 293; 20 P. & C. 877 , 886. H never registered his equitable easement against X as a Class D(iii) land charge, but subsequently built a garage on his own land which was accessible only across Xs yard. The name and address of the client is followed. That being said, the inspection, according to the court. our website you agree to our privacy policy and terms. Elias v Mitchell. the brokerage and service charges 1,240 and