Schedule 3 - Unregistered interests which override registered dispositions

Part of Land Registration Bill [Lords] – in a Public Bill Committee at 2:45 pm on 13 December 2001.

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Photo of Michael Wills Michael Wills Parliamentary Secretary, Lord Chancellor's Department, Parliamentary Secretary (Lord Chancellor's Department) 2:45, 13 December 2001

Of course, the hon. Gentleman is right.

The final amendment in this group, amendment No. 39, is unnecessary because, as I have just said, there is already judicial guidance on how to interpret what is obvious on a reasonably careful inspection. The approach to interpretation is the same as for the case law on the question of what does not have to be disclosed to a buyer of land prior to contract. The courts have held that patent defects in title do not have to be disclosed. In the Yandle case, the learned judge said:

''I think he''— the purchaser—

''is only liable to take property subject to those defects which are patent to the eye, including those defects which are a necessary consequence of something which is patent to the eye.''

If a legal easement or profit is one that a seller of the burdened land would have to disclose to a buyer before contract, it will override a registered disposition.