Enforceability of third party rights

Question 1

What are the formalities to create a legal lease?

Answer 1

1. Deed (s52 LPA 1925)
2. For a term of years absolute (s1(2) LPA 1925
3. Exclusive possession (Street v Mountford)

Question 2

How does a legal lease bind a buyer?

Answer 2

In the registered system a legal lease
for over 7 years is a registrable disposition s27(2)(b)(i) LRA 2002. It needs to have been registered by the date of registration of a buyer in order to bind her/him.

Question 3

If a lease is for 7 years or under, how will it bind a buyer?

Answer 3

As an overriding interest under Schedule 3(1) LRA 2002

Question 4

What are the formalities needed for a parol lease?

Answer 4

1. Doesn’t exceed 3 years
2. In possession
3. At market rate
4. Without a fine

s54 LPA 1925

Question 5

What are the criteria needed for a Section 30 Family Law Act 1996 right?

Answer 5

1. Be married
2. Legal owner still alive
3. Home is the matrimonial home

Question 6

Family Law Act Rights 1996 cannot bind as an overriding interest. True or false?

Answer 6

True s30(1) Family Law Act 1996

Question 7

How are Family Law Act rights enforced?

Answer 7

Family Law Act rights bind as interests affecting a registered estate. They must be entered as a notice on the register by the date of registration of a new buyer to bind (s29 LRA 2002)

Question 8

How does a equitable lease bind a buyer?

Answer 8

An equitable lease is an interest affecting a registered estate. It must be entered as a notice on the register by the date of registration of a new buyer to bind (s29 LRA 2002)

Question 9

What are the formalities needed for an equitable lease?

Answer 9

1. Exclusive possession
2. In signed writing
   s53(1)(a) Law of Property Act 1925
3. Contains all agreed terms (s2 LPMP Act 1989)

Question 10

Trusts cannot be protected by a notice on the register. Which section of which Act?

Answer 10

s33(a)(i) LRA 2002.

Question 11

Which rights are registrable under s2 of the Land Charges Act 1972 in unregistered land?

Answer 11

All Equitable interests after 1926 apart from those under constructive or resulting trusts

Question 12

Are legal interests registrable under s2 of the Land Charges Act 1972 in unregistered land?

Answer 12

No

Question 13

Are constructive trust interests registrable under s2 of the Land Charges Act 1972 in unregistered land?

Answer 13

No

Question 14

If a right is registrable it must be registered against the owner’s name by the date of completion of sale. Which Section of which Act?

Answer 14

s4 Land Charges Act 1972

Question 15

To take the free of trust interests, buyers should overreach. Which Section of which Act?

Answer 15

Sections 2 and 27 Law of Property Act 1925

Question 16

Name the three registrable dispositions under s27 LRA 2002

Answer 16

1. Legal easements
2. Legal charges (mortgages)
3. Legal leases over 7 years

Question 17

Name the three types of overriding interest under Schedule 3 Land Registration Act 2002

Answer 17

1. Legal leases for 7 years or less
2. Interests of person in actual occupation
3. Legal easements created by implication or prescription

Question 18

Trusts interests cannot be protected by a notice. Which section of which Act?

Answer 18

Section 33 Land Registration Act 2002

Question 19

Trust interests may be recorded as a restriction in the proprietorship register. Which Section of which Act?

Answer 19

Section 40 Land Registration Act 2002

Question 20

Who is Equity’s darling?

Answer 20

1. The bona fide purchaser
2. Of the legal estate
3. For value
4. Without notice

Question 21

What are the three types of notice?

Answer 21

1. Actual (s1928 LPA 1925)
2. Imputed
3. Constructive

Question 22

What is the test for constructive notice

Answer 22

Would have come to notice if inquiries/inspections had been made as ought to have been made s199 LPA 1925

Question 23

There will be notice of the interest if the presence would have been apparent from a reasonably careful inspection. Which case?

Answer 23

Kingsnorth v Tizard

Question 24

Actual occupation necessitates “some physical presence on the land”. Which case?

Answer 24

Glyn’s Bank v Boland

Question 25

In Glyn’s Bank v Boland, how did Lord Wilberforce define “actual occupation”?

Answer 25

“It merely emphasises that what is required is physical presence, not some entitlement in law”

Question 26

In what case was actual occupation found to in which an occupier visited a premises regularly to supervise renovation work?

Answer 26

Lloyd’s Bank v Rosset

Question 27

In what case was it found that parking a car regularly in a garage was actual occupation?

Answer 27

Kling v Keston

Question 28

In what case was it found that temporary absence can still be actual occupation?

Answer 28

Chhokar v Chhokar

Question 29

In what case was it found that preparatory steps to actual occupation would not suffice?

Answer 29

Abbey National v Cann

Question 30

An agent can have actual occupation on a principals behalf, but a relative cannot. Which case?

Answer 30

Strand Securities