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What were the legal issues arising out of Caunce v Caunce and Kingsnorth Finance v Tizard?
Member rating: No Rating | Words: 2241 | Submitted: Sat Sep 15 2007
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Let us begin by setting the cases in context. Both are concerned with land law and the land in question is unregistered. Within the system of unregistered land there exists a doctrine of notice which is concerned with the purchaser/mortgagee acquiring notice of third party equitable interests in the land for sale/mortgage in order for the purchaser to be able to take the land free from those interests. Caunce and Tizard each produced opposing views as to the necessary steps that need to be taken for the purchaser to acquire the said notice. It is necessary to take a closer look at the issue of constructive notice as a whole before expanding further on the judgments in these two cases. The doctrine of notice The doctrine of notice affects unregistered land and still has application as to date only just over half the land in the UK by mass is registered1....
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