Just a quick question regarding s 43A(1) of the RPA.
This section provides protection against earlier unregistered interests by conferring a deemed legal estate at the time of completion. My question is, does this extend to legal unregistered interests as well as equitable ones? For example, would a legal, unregistered lease be excluded under this section?
A further question that arises from that is, if so, what recourse would the unreg'd legal interest holder have? Obviously they could lodge a caveat, but wouldn't the later interest prevail in any court proceedings?
Sorry if you swore off property law as soon as you completed it (I know I intend to), I hope this post doesn't give you nightmares. Any guidance you can give is appreciated.
This section provides protection against earlier unregistered interests by conferring a deemed legal estate at the time of completion. My question is, does this extend to legal unregistered interests as well as equitable ones? For example, would a legal, unregistered lease be excluded under this section?
A further question that arises from that is, if so, what recourse would the unreg'd legal interest holder have? Obviously they could lodge a caveat, but wouldn't the later interest prevail in any court proceedings?
Sorry if you swore off property law as soon as you completed it (I know I intend to), I hope this post doesn't give you nightmares. Any guidance you can give is appreciated.