What were the perceived problems with the doctrine of notice? How did the land charges system seek to address these problems and was it successful in doing so?

An introduction may begin by explaining what the doctrine of notice is and the role it historically played in determining whether interests were enforceable against third parties. Focus upon each of the components of being a bona fide purchaser for value of a legal estate without notice, explain what each requires and identify the need to fulfil all requirements to take land free from any equitable interests exercised over that land. Having identified how the doctrine works, it is possible for you to then ascertain the problems with its operation. This discussion may include an analysis of whether:

• the requirements under the doctrine were excessive;
• the concept of constructive notice was unfair to potential purchasers because of the time and expense required to carry out extensive investigations to avoid acquiring constructive notice of any interest in the land and whether such investigations would guarantee the discovery of all interests that should be discoverable;
• protection of equitable interests by this method was fair to their owners. Interests could be destroyed and become unenforceable against third parties through no fault of their owner and in circumstances where the owner could not have taken any positive action to protect their interest. 

Focus then upon how the LCA 1972 changed the system. Explain the system of protecting equitable interests in land by registration of land charges. Analyse the consequences of registration and non-registration of interests. How does this system differ from that of the doctrine of notice? Does this system create greater certainty for both the owner of the interest and the third party purchaser of the land over which it is exercised? Is it fair that the concept of notice has been removed from the system? Perhaps analysis of the decision in Midland Bank Trust Co Ltd v Green (1981) as regards these issues would be useful.Perhaps consideration could also be given to the difficulties created by registering land charges against the name of estate owners (Diligent Finance Co Ltd v Alleyne (1972)). Did this create new problems?

Draw appropriate conclusions.