Summary Flow chart to answer a registered land question

No Overriding interest!!
Does the claimant have a proprietary interest? N

Y

Are they in actual occupation? [use the case law to establish this] N

Y
Did the claimant unreasonably
Did the purchaser make inquiry of the claimant before the disposition? Y fail to disclose their interest?

N
Y N
Would the claimants occupation of ben obvious on inspection?

Y N



Claimant has overriding Did purchaser have actual
interest knowledge of claimants
interest at time of disposition?



Y N




Purchaser is bound No overriding interest