Property Law Essay Question

[corbsy]

'The Doctrine of Notice now plays a much smaller role in relation to unregistered land than it did before 1925. In registered landm it plays no part at all - not even with regard to the rights of those in actual occupation.'

Critically analyse the above statement, illustrating your answer by reference to decided cases.

Basically, this is my coursework question concerning the doctrine of notice. I am actually stuck on this question, i have some idea of how to answer it, but the last part baffles me!

So far i have started off with a brief outline of what is registered and unregistered land and the doctrine of notice and what different forms there are.

For my main body, i have gone on to explain how the transfer of property occured pre 1925 and explained how the doctrine of notice played its role with regard to unregistered land. Then i explained how the 1925 legislation has limited the use of the doctrine of notice and described what mechanisms were put into place i.e. overreaching, which eradicated the role of the doctrine of notice, still concerning unregistered land. I then explained the small role notice plays with unregistered land and how it is slowly diminishing as more and more properties are becoming registered, and its use is becoming more rare.

I have now hit my wall, i have to explain why the doctrine of notice does not play a part in relation to registered land especially with regard to the rights of those in actual occupation. I understand what actual occupation is, but the new legislation Land Registration Act in 2002 is ever so confusing, and I have no idea as to whether the doctrine of notice plays a part or not in actual occupation.

The word limit is 3000 words, and I am currently on 2300 words. Can anyone help me, as I have tried and tried to understand this area to no avail, I feel like quitting, all because of Land Law...such a boring module! <

[eddg3]

Hey, im doing the exact same question, and ive hit a brick wall also. Ive done everything youve done and im at 1700 words :-( I do have one example where the doctrine of notice may play a part in registered land, the case is peffer v rig. The judge finds a way to enforce the principle behind the doctrine of notice, the protection of those in actual occupation, by looking into the defenition of the term purchaser for value. If you have any other ideas plz msg me [email protected]

[eddg3]

Also, try having a look at schedule 3 paragraph 2 of the lra 2002 ;-) An element of notice has been introduced into registered land in this act i think. . .

http://www.opsi.gov.uk/Acts/acts2002/ukpga_200 20009_en_13

[corbsy]

If you go to K-zone, there is alot on the doctrine of notice and actual occupation there...ive been reading that about 5 times over!!!

[eddg3]

yeah ive been through everythin on that website! im completely stuck at 2000 words now. what cases you used?

[corbsy]

I havnt used anycases yet, im just trying to get the basis of my essay down first, so i know what to do in my final version. Are you in swansea university by any chance??

[eddg3]

yeah im at swansea, you started legal skills yet? im hoping its a lot easier than this essay!

[corbsy]

Yeah ive done about 1200 words on that, i dont like the look of part 2 though! Ive given up on land for a moment, im going to finish legal skills instead, then blag land...i have gotten to a stage where i dont care if i get a 2.2!!

[eddg3]

How close to the word limit does the essay have to be? you reckon 2500 words would b ok?

[corbsy]

It doesnt matter if your below the limit, you are only allowed 5% over the word limit. It can even be 2000 words, aslong as you have covered the main issues it would be fine