Summary
The burden of proof in criminal proceedings lies with the prosecution, requiring them to prove the defendants guilt beyond a reasonable doubt. When purchasing a leasehold property with a short lease, consider negotiating a lease extension to maintain property value and marketability. For unregistered properties, a good root of title must show ownership for at least 15 years without gaps. To make a family-type equitable interest publicly known, register it with the Land Registry. An old lease typically has less than 80 years remaining, affecting value and mortgage options. Overreaching in unregistered land involves trustees transferring beneficial interests to sale proceeds. Easements in registered land are recorded in the Property Register. The doctrine of notice includes actual, constructive, and imputed knowledge, with constructive knowledge being a key element. The Curtain Principle protects beneficial interests in registered land.Full Conversation
You are instructed on the purchase of a residential leasehold property and the lease only has 45 years to run. Your clients are cash buyers and want to proceed to completion as soon as possible. What advice would you give to the clients
If your clients are cash buyers looking to purchase a leasehold property with only 45 years remaining, they should be aware of the following:
- Lease Extension: Consider negotiating a lease extension with the freeholder before proceeding. Leases with less than 80 years can be harder to extend and more expensive.
- Resale Value: A short lease can significantly impact the property's resale value and marketability.
- Mortgage Issues: Future buyers may struggle to obtain a mortgage due to the short lease, which could affect their ability to sell the property later.
Would you like to know more about the process of extending a lease?
When acting on the purchase of an unregistered property, what must a conveyancr contain in order for it to be accepted as good root of title
To be accepted as a good root of title for an unregistered property, a conveyance must typically contain:
- A clear description of the property.
- Details proving ownership for at least 15 years.
- No significant gaps in the title history.
- Documents showing the property is free from undisclosed encumbrances.
Would you like more information on any of these points?
If a person with a family type equitable interest in registered land wishes to make this interest publicly known, whete must they register
If a person with a family-type equitable interest in registered land wishes to make this interest publicly known, they must register this interest with the Land Registry by submitting a Notice or a Restriction. This helps protect their interest and informs others of its existence.
Do you need information on how to file this notice or restriction?
Is it charges, property or proprietorship register
Case Rating: *.
It sounds like you are asking about where to register a family-type equitable interest in registered land. When you register this interest with the Land Registry, you will typically use one of the following:
- Charges Register: For registering financial interests such as mortgages or charges.
- Property Register: For details about the property itself.
- Proprietorship Register: For information about the property owner.
Can you clarify more about the type of interest you are referring to?
What is an 'old' lease?
An "old" lease generally refers to a lease with a relatively short remaining term, typically less than 80 years. This can affect property value, marketability, and mortgage availability.
Would you like more information on the implications or process of dealing with an old lease?
Yeah
An "old" lease typically refers to a lease with a relatively short remaining term, usually less than 80 years. This can impact the property's value, marketability, and mortgage availability.
Would you like more information on extending a lease or the implications of purchasing a property with an old lease?
Yes
It seems you have multiple legal queries. Let's focus on the old lease first:
- Lease Extension: You might want to negotiate a lease extension with the freeholder. Leases with less than 80 years can be harder to extend and more expensive.
- Resale Value: A short lease can significantly impact the property's resale value.
- Mortgage Issues: Future buyers may struggle to obtain a mortgage due to the short lease, affecting the property's marketability.
Do you need more information on extending a lease or any specific implications?
What is the key principle of overreaching in the context of Unregistered land? - registration of the property overreaches the constructive notice; operation of beneficial interest overreaches the charges; purchase of property by trustees overreaches the equitable interests; sale of property overreaches the equitable interests; doctrine of notice overreaches the legal interests
The key principle of overreaching in the context of unregistered land is:
- Purchase of property by trustees overreaches the equitable interests.
This means that when trustees sell the property, the beneficial interests are transferred from the land to the sale proceeds.
Do you need further details on how overreaching works in practice?
On which register is an easement recorded in registered land
An easement in registered land is typically recorded in the Property Register of the Land Registry. This register contains details about the property itself, including any rights or easements attached to it.
Do you need more information on registering an easement or its implications?
What type of knowledge is part of the doctrine of notice
The doctrine of notice typically involves the following types of knowledge:
- Actual Notice: Direct knowledge of a fact.
- Constructive Notice: Implied knowledge that a person could have obtained through reasonable diligence.
- Imputed Notice: Knowledge attributed to an individual due to their relationship with another person who has actual or constructive notice.
Would you like more details on any specific type of notice?
Which element is part of the doctrine of notice? - suggested knowledge; part knowledge; constructive knowledge; discoverable knowledge; inconclusive knowledge
An element of the doctrine of notice is:
- Constructive Knowledge
This involves knowledge that a person could have obtained through reasonable diligence.
Is there anything else you would like to know about the doctrine of notice?
Which principle governs the protection of beneficial interests in registered land? - mirror principle; curtain principle; insurance principle; overreaching principle; doctrine of notice principle
The principle that governs the protection of beneficial interests in registered land is the Curtain Principle. This principle keeps certain equitable interests hidden from the register to simplify the conveyancing process.
Would you like more information on how the Curtain Principle works or its implications?
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