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Building Blocks: Midland Bank Trust Co Ltd v Green [1981]



This is a 1981 HL case which reverses the previous COA decision with regards to land charges and unregistered land. Richard explains how legal rights on unregistered land bind third-party purchasers, but equitable rights can be defeated by a bona fide purchaser for a value of a legal estate without notice as long as you pay some consideration, and if you don't have notice of your rights then you are not bound by them. Since 1926, your commercial equitable rights should be protected by land charges - this case is about what happens if your rights are not protected by land charges, even if you know about them.

 

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ABOUT DAVITT JONES BOULD

As the largest, most experienced law firm specialising in real estate in the UK, we have been trusted advisors to the real estate market for 25 years. We have over 75 lawyers, all of whom joined us from senior in-house or private practice roles, and bring an average of 25 years’ post qualification experience each. With their expertise and commercial experience, we advise a prestigious client base in the public and private sector on the full spectrum of real estate legal issues, including commercial property, planning, property litigation, construction, environment, real estate finance and other related areas. Operating in our specialist area uniquely positions us to help other professional firms, and through our Real Estate Support solution we support teams in the silver circle, UK Top 30, US Top 50, the Big Four and beyond.

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