Interests in Land

Question 1

s1(2) LPA 1925

Answer 1

legal easement, rentcharges, legal mortgage, statutory charges, rights of entry

Question 2

Legal interests in land must be created by deed

Answer 2

s52(1) LPA

In registered land, interest must be registered to be legal - s27(2) LRA; failure to register may result in equitable interest

Question 3

Assignment of interest in land

Answer 3

Must comply with s52 LPA.

If transfer deed fails for want of formalities, interest may be transferred in equity if it complies with s2 LPMPA and is capable of SP

Question 4

s62 LPA

Answer 4

implies that transfer of the estate includes all interests appertaining to that land unless a contrary intention is expressed

Question 5

Equitable interests

Answer 5

• interests not capable of being legal (not in s1(2)
• person creating interest only holds equitable estate
• lack of formalities, may take effect as an equitable interest under Walsh v Lonsdale if there is a contract to grant the interest, complying with s2 LPMPA and SP available

Question 6

Interests that can only be equitable

Answer 6

Restrictive covenants
Beneficial interests under a trust
Options to purchase
Rights of pre-emption

Question 7

In registered land, right of pre-emption is an interest from the time the right is created

Answer 7

s115 LRA

Question 8

In unregistered land, right of pre-emption doesn’t create interest until owner decides to sell

Answer 8

Pritchard v Briggs

Question 9

Document creating the option to purchase must comply with s2 LPMPA; exercise of the option is a unilateral act and does not need to follow s2 LPMPA

Answer 9

Spiro v Glencrown Properties

Question 10

Creation - interests not in s1(2) - restrictive covenants; easements of uncertain duration

Answer 10

Must satisfy minimum requirement under s53(1)(a) LPA - in writing, signed by grantor

Question 11

Creation - equitable interests under trust

Answer 11

Express trust - Must comply with s53(1)(b) LPA - proved by writing signed by settlor

Implied, constructive and resulting trusts - no requirements - s53(2) LPA

Question 12

Creation - estate contracts and improperly granted legal interests taking effect in equity

Answer 12

Walsh v Lonsdale - must comply with formalities for land contract - s2 LPMPA

Question 13

Creation - equitable mortgage arising from deposit of title deed must be created by contract compliant with s2 LPMPA

Answer 13

United Bank of Kuwait v Sahib

Question 14

Creation - rights of pre-emption must comply with s 2 LPMPA

Answer 14

Birch v Worrell Holdings

Question 15

Transfer of an equitable interest

Answer 15

• s53(1)(c)
• if contracting to transfer an equitable interest, s2 LPMPA must be satisfied and SP available
• s62 can be used to imply an interest into a transfer of land (unclear whether it will transfer as a legal or equitable interest) - Godwin v Schweppes