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Started by Lawcruncher, 12-11-2020, 09:36 AM
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Last Post Lawcruncher  
Started by first timer 123, 14-05-2021, 16:58 PM
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Last Post first timer 123  
Started by Swanny3542, 15-05-2021, 13:21 PM
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Started by Berlingogirl, 13-05-2021, 13:16 PM
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Last Post Lawcruncher  
Started by Farmerfam, 13-03-2021, 19:51 PM
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Last Post pilman
by pilman
 
Started by Ramo2512, 12-05-2021, 19:25 PM
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Started by dander, 08-05-2021, 19:07 PM
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by Tipper
 
Started by Codger, 09-05-2021, 09:06 AM
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by Jon66
 
Started by aguila, 23-04-2013, 08:52 AM
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by ram
 
Started by Turquoise, 04-05-2021, 05:14 AM
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Started by laarbruch, 03-05-2021, 13:28 PM
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  • Reply to overriding interests in actual occupation
    by first timer 123
    Mr A owns a house and land. (The house and land you see in the photo)
    Mr A sets up a trust which provides for Mrs A to have a life interest in that property/land.
    On Mr A's death, the trustees become the owners of the property and Mrs A is the beneficial owner.
    The property and land...
    16-05-2021, 17:37 PM
  • overriding interests in actual occupation
    by first timer 123
    If an interest belonging at the time of the disposition to a person in actual occupation is an overriding interest, so far as regards to land of which he is in actual occupation.

    As beneficial owner seller A makes a disposition to B, but at this time A remains in actual occupation of part...
    14-05-2021, 16:58 PM
  • Reply to overriding interests in actual occupation
    by first timer 123
    But that is what I am trying to say. It was picked up on by us and our solicitor and the transferors of our property shaded and signed the title plan. I can understand if this had never been picked up on but as I say it’s obvious to any reasonable person not to have been
    16-05-2021, 10:59 AM
  • Reply to overriding interests in actual occupation
    by Lawcruncher
    The point here is that in most cases a title plan, whether on an old deed or at the Land Registry, is usually sufficient to identify the boundaries of land with reasonable certainty, though not with precision. There is therefore a tendency for conveyancers to assume, or at least take as a starting point,...
    16-05-2021, 09:59 AM
  • Reply to overriding interests in actual occupation
    by first timer 123
    The plan you show whould be so very hard for any conveyancer or purchaser to pick up. I can't help but say this particular situation would be so very obvious to all involved. Even today conveyancers, solicitors etc say to check for anomolies. This anomaly would be blatantly obvious. Not only 100 years...
    15-05-2021, 20:36 PM
  • Reply to overriding interests in actual occupation
    by Lawcruncher
    The following scenario explains how errors can occur.



    The above show 2 houses 6 and 8. Forget the red and it shows the two houses as they were in 1900. It is how they appeared on the OS plan in that year. In 1920 John buys the two houses. He wants to live in 6 and let 8....
    15-05-2021, 18:21 PM
  • Access over estate road
    by Swanny3542
    Hello,
    I currently live in a row of terrace houses, with a parking space behind my property. Access to the parking space is via a shared “estate road” which is referenced within the deeds of the property and each property within the row of houses.

    The developer accidentally transferred...
    15-05-2021, 13:21 PM
  • Reply to overriding interests in actual occupation
    by first timer 123
    What you say makes complete sense and I will come back to what you say, also with regards to what you see is what you get. You have answered so many of my many posts and questions and if you had been a solicitor, I can only imagine what the cost could have been!
    From what I'm gathering it's your...
    15-05-2021, 12:16 PM
  • Reply to overriding interests in actual occupation
    by Lawcruncher
    I will try and explain.

    Back in feudal times barons were often fighting each other for land. A baron might go off on a crusade and return home to find that a neighbouring baron had taken advantage of his absence and taken over his land. He would literally have to fight to get it back. To...
    15-05-2021, 09:44 AM
  • Reply to overriding interests in actual occupation
    by first timer 123
    What I am failing to understand or make sense of is how occupation alone can simply change the title to another's property only because they do not occupy and someone else does.
    For example I could sell a freehold property I own, which has a sitting tenant.
    The new purchaser of my property...
    15-05-2021, 00:25 AM
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