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Words: | Submitted: Thu Aug 17 2006
... for the right of way, its line ran along a tarmac road which also led to a garage where Hamlet kept his car, and any marks on the road were equivocal as to their cause. Advise Laertes as to his position against Ophelia, Gertrude and Polonius. How, if at all, would your advice differ if the land were unregistered? ANSWER When a third party purchases a legal estate in land a fundamental question arises from the very nature of English property law; because of the potential multiple and diverse rights attached to the estate what does and does not bind this third party? The answer will depend on the nature of the right - legal or equitable, as well as on the nature of the land - registered or unregistered. In registered land the basic rule is that the owner of the prior estate has priority over the buyer of any ...
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