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The Court of Appeal in London and Blenheim Estates Ltd. V. Ladbroke Retail Parkers Ltd.
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"As a result of the decision of the court of appeal in London and Blenheim Estates Ltd. V. Ladbroke Retail Parkers Ltd. , I am not so sure that the substitution, or abandoning of the doctrine of notice achieves a just result." There are three kinds of notice: Actual, Constructive and Imputed. By the doctrine of constructive notice equity adopted a more similar principle and adapted itself to the ordinary conveyancing practice. A purchaser would be able to plead absence of notice only if he had made all usual and proper inquiries, and had still found nothing to indicate the...
Lloyd's Bank Plc v. Rossett Mustill LJ made the remark that, even if constructive notice no longer strictly applies to in the field of registered title, 'the old law still gives a flavour to the new words of?óÔé¼?ªsection701.' Purchas LJ in the same case stated that s.701g was 'intended to import into the law relating to registered land the equitable concept of constructive notice.' What s.701g mainly says must be that only those whose presence on the land can be easily traced and who when asked, will 'respond meaningfully to an enquiry', will be deemed to be in 'actual occupation'.
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