[1] Nonetheless a right to light on the land or neighbouring land and clear, well-trodden paths across a garden or smallholding for example would be considered constructive knowledge under the deemed inspection of the property under Standard Condition 3.1.2(b) of Standard Conditions of Sale, present in accordance with the principle of caveat emptor (lat.
Case law based on LPA 1925 directly equivalent provisions may still be cited in the event of disputes under the stare decisis doctrine of legal precedent.
[4][5] Short-term leases (tenancies/leases of less than seven years) were excluded because to include them would entail large workloads of registration and on the basis of continuing a fluid rental and subletting market, where break clauses can be specified at will, restricted to a minimum one month's notice in the residential setting by the Landlord and Tenant Act 1985.
[6] In a leading case, Williams & Glyn Bank v Boland, a wife successfully claimed an overriding interest in a property her husband had mortgaged to support a failing business.
If a purchaser were to buy property, only to find themselves subject to numerous restrictive or expensive obligations about which the seller did know and not and could not have been expected to have known, it is uncertain whether they could seek damages from an encumbering public or quasi-public body under Article 8 of the European Convention on Human Rights referred to in that Act.