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Words: 2,410 | Submitted: Tue Mar 03 2009
... affecting a registered estate or charge is not affected by a disposition of the estate or charge. However the exception to section 28 is section 29 which states that if a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration. In relation to our scenario Blackacre was purchased so that is valuable consideration. The only interest that will bind Peter are interests which have been registered or which are overriding. Question 1: In order to establish whether peter is bound by the rights claimed we must break this down into three sub-sections. Firstly is it capable of being an estate or interest in land. Secondly where the formality requirements complied with and lastly ...
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