Chapter 4 Interactive key cases

Chapter 4 Interactive key cases

A wife failed to register her Class F land charge against her husband’s full name. The right was subsequently not binding upon a finance company who had correctly searched the register against the full name.

A land charge registered against the incorrect name will not bind a purchaser who searches the register against the correct name.

An equitable lease which had not been registered as an appropriate land charge did not bind a purchaser of the reversion, despite the sale being expressly subject to the lease with a purchase price that reflected this fact.

An interest must be registered as a land charge, where appropriate, to bind a purchaser. Notice is irrelevant under the LCA 1972.

An estate contract which had not been registered as a Class C(iv) land charge was not binding upon a purchaser who knew about it and who provided consideration that appeared to be undervalued.

A court is not to enquire about the adequacy of consideration provided by a purchaser in respect of application of the LCA 1972 rules. The knowledge of the purchaser is irrelevant.

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