LAND RIGHTS

Land Rights

Land Rights

Introduction

Prior to land registration act 1925, the doctrine of notice played an important role in third party rights. Three types of notices are known which are

actual notice:-purchasers have actual notice of equitable interest

constructive notice:-purchaser had to make prudent information gathering about equitable interests

Imputed notice: if agents had the notice of it then it is binding on purchaser.

The above causes great difficulties to a purchaser being unfavourably placed to have full knowledge of encumbrances.

Discussion

In order to overcome these problems the 1925 act redefined some third party rights under obligation of registration. The system of registration of ...