Registrable and non-registrable interests in land?
what are the differences between registrable and non-registrable interests in land?
Answers:
A registrable interest in one which is created by a document which can be registered in the Land Register thereby creating the right in the land which the document related to. For example, when ownership of a house is transferred.
A non-registrable interest in land is one which created by conduct or arise by operation of law without document or
evidence in writing, and they cannot be registered in the Land Register at the moment.
Examples include:
(a) implied easements within the rule in Wheeldon v Burrows
(1878);
(b) equitable easements of necessity;
(c) title acquired by adverse possession;
(d) equitable charges by mere deposit of title deeds without any
memorandum in writing.
(e) beneficial interests arising from resulting trust or constructive
trust; and
(f) interests in land by way of proprietary estoppel.
This is the law relating to England. The law in Scotland is very much the same, however they are known as 'overriding interests'.
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