Legal and Equitable Leases | Land Law

[@shwanatakhshied641]

Thank you. I found it useful. However, I have a question regarding to equitable lease in unregistered land. Referring to Dixon the equitable interest in unregistered land do not bind third party. Is that correct?

[@laurafaith7240]

I'm a little unsure on something... If a lease is equitable and the registered proprietor wants to sell the property, would the interest be binding on the purchaser? And if a legal lease it would be?

[@digestiblelaw4647]

Hey, thanks for the great question! If you have a legal lease and have followed the correct formality requirements then that will bind the purchaser of land (either through the LRA 2002 or as an overriding interest). If you have an equitable lease then it can bind a purchaser (as an overriding interest) only if the tenant is is in actual occupation (under the LRA 2002, schedule 3 paragraph 2). If you want more information on overriding interests check out my notes and video: digestiblenotes.com/law/land/overriding_interests.php Hope this helps! :)