⇒ We have previously been mentioning the word transferee, which is usally taken to mean someone who takes the freehold estate in land. A disponee, therefore, includes people who are not only transferred the freehold estate, but also individuals who take rights smaller than the freehold over a registered estate e.g. that might be a lease, a charge, an easement, etc.

⇒ Sometimes the various interest holders of a plot of land can conflict (i.e. a conflict between a pre-existing right in rem and a new right in rem). For example, if X has an easement over Y's land, then Y sells the land to Z, there is a question of whether or not X's easement binds Z...

⇒ Thus, we will now look at the effect of these right in rem on a disponee.

⇒ In short, this section states that if a registrable disposition of a registered estate is granted for valuable consideration, and it has been registered, the new interest will take priority over any pre-existing interest whose priority is not protected.

• In other words, if a registrable disposition (one of the 'dispositions' in section 27 - see the notes on this here) of a registered estate (i.e. granted by the freehold/leasehold owner of an estate) is given to you in exchange for money, and that registrable disposition has actually been registered on the charges register, then that new interest you get will have priority over (i.e. will bind) any pre-existing interest whose priority is not protected (so will bind any other person who holds an unprotected interest on that land).
• On the other hand, the new interest will be bound by any pre-exisiting right in rem whose interests/priority are protected.
• Section 29(2) of the Land Registration Act 2002 says that the priority of an interest will be protected if it is a subject of a notice in the register (i.e. it has been registered as a Land Charge) OR if it fals within any paragraph of Schedule 3 of the Land Registration Act 2002 (i.e. overriding interests)

⇒ In short, this section states that when section 29 does not apply, a disponee of land is affected by any pre-exising right in rem regardless of registration.

• In other words, if section 29 is not satisfied (for example, where the registrable disposition of an easement is not made for valid consideration) then your analysis of the priority of rights will be under section 28 of the Land Registration Act 2002. In this example, then, even if the easement is registered (as a registrable disposition needs to be) it will not take priority over the pre-existing rights on the land as it has not fulfilled all the requirements under section 29 (i.e. the requirement of valid consideration).

⇒ Be sure that you understand the relationship between section 28 and 29 of the Land Registration Act 2002.

⇒ Some other helpful legal resources on the disponees:

• Walker Morris
• Oxbridge Notes