Law 5110 Study Guide - Quiz Guide: Statutory Interpretation, Early Access, John Mummery
Document Summary
Pre 2002, there was a debate over the absolutist and constitutionalist approach. This was because the original section 70(1)(g) was a lot more simple than schedule 3 of today. One school of thought is represented in william & glyn"s bank v boland: Lord wilberforce believed the idea of constructive notice, a key part of unregistered title, had no part to play in registered title. This is because in unregistered title, the purchaser"s obligation depends upon what he had notice of. In the case of registered land, it is the fact of occupation that matters. Not whether you could get constructive notice of it. So the absolutist view is, is the actual occupation a fact, and is more in favour of the third aprty right holder. In the case of abbey national v cann, and llyods bank v. Rosset, the view was that there needed to be some element of discoverability of actual occupation, through reasonable enquiries and inspections.
