Estates and Interests in Land

Question 1

Doctrine of Tenure

Answer 1

Land holding based on an obligation to an overlord.

Question 2

Doctrine of Estates

Answer 2

Only two legal estates now:
Freehold - infinite slice of time
Leasehold - fixed slice of time

Question 3

LPA s1(1)

Answer 3

1. Fee simple absolute in possession

2. Term of years absolute

Question 4

HRA 1998

Answer 4

Article 8- right to respect for private and family life
Article 10+11- freedom of expression
Article 1- protection of your property

Question 5

What are rights? 3 features

Answer 5

Definable, identifiable by third parties and have some degree of permanence or stability

Question 6

Walsingham’s case

Answer 6

Estate in land is a time in the land

Question 7

s1(2) LPA 1925

Answer 7

Easements, rent charges, mortgages, statutory charges, legal rights of entry.

Question 8

s1(3) LPA 1925

Answer 8

Equitable estates may be created or may arise.

Question 9

s52(1) LPA 1925

Answer 9

Must be created by “deed” and may need to be registered at the Land Registry.

Question 10

s53(1)(a)

Answer 10

Equitable interests if expressly created must be in writing but need not be by “deed”

Question 11

s53(2)

Answer 11

Equitable interests can arise on failure to validly create or transfer a legal estate or legal interest.

Question 12

s52(1)

Answer 12

Legal interests must be transferred by deed.

Question 13

Legal freehold estates s1(1)(a) LPA 1925

Answer 13

An estate in fee simple absolute in possession

Question 14

s1 (1)(b)

Answer 14

A term of years absolute

Question 15

s1(3)

Answer 15

Any equitable freehold estate creating or arising MUST be an equitable interest.

Question 16

Conveyancing Process Stage 2

Answer 16

Exchange of contracts.
Purchaser usually pays seller 10% deposit.
Contractual and equitable remedies now available.

Question 17

s2 LP (MP) A 1989 estate contract

Answer 17

The estate contract must be in writing, contain all the agreed terms: which can be two separate documents, incoporated by reference and signed by both parties.

Question 18

Firstpost Homes Ltd v Johnson

Answer 18

Typing or printing is not enough.

Question 19

Electronic Communications Act

Answer 19

Now possible to sign with electronic signature.

Question 20

s2(5) LP(MP)A 1989

Answer 20

This section does not apply in relation to..

a) a contract to grant such a lease as is mentioned in s54(2) LPA
b) contract made in public auction
c) contract remedied under Financial Services Act 2000

Question 21

Conveyancing Process Stage 4

Answer 21

Completion.
Purchaser pays the remainder of the purchase price. Seller gives buyer document containing legal title which must be a deed 52(1) and s1 LPMPA compliant.
Clear on its face, executed, attested and delivered.

Question 22

Conveyancing Process Stage 5

Answer 22

Post-Completion. Registration at the land registry.

Question 23

Essential characteristics of a lease

Answer 23

1. Consideration or a deed
2. Intention to create a tenancy
3. Exclusive possession
4. Fixed maximum term

Question 24

Leases features

Answer 24

Bind the land, give control over the property, are assignable, enforceable against third parties and the landlord, provide additional rights ad give statutory security of tenure.

Question 25

54(2) LPA 1925 and s52(2)(d)

Answer 25

Leases of three years or less do not need to be made by deed or writing provided they take effect in possession and are at the best rent without taking a fine.

Question 26

Fitzkriston v Panayi

Answer 26

Open market rent

Question 27

Walsh v Lonsdale

Answer 27

No deed used so no legal fixed term lease was created.

Question 28

Coatsworth v Johnson

Answer 28

Remedy of specific performance must be available

Question 29

Mercer v Liverpool, St Helen’s and South Lancashire Railway Co

Answer 29

Legal interests bind the whole world irrespective of notice.

Question 30

Re Nisbet and Potts’ Contract

Answer 30

Equitable interests bind the whole world except the “bona fide” purchaser for the value of the legal estate without notice.

Question 31

Wilkes v Spooner

Answer 31

Purchaser takes the land free of any equitable interest they did not have notice of and that equitable interest is then dead forever.

Question 32

s2 and s27 LPA 1925

Answer 32

Purchaser (or mortgagee/bank) paying the “capital money” to two or more trustees of a trust corporation.

Question 33

City of London Building Society v Flegg

Answer 33

If overreaching occurs then actual occupation is irrelevant.

Question 34

Williams & Glyns Bank v Boland

Answer 34

Must inquire about actual occupation, whether or not they are bound depends on disclosure.

Question 35

State Bank of India v Sood

Answer 35

Beneficial interests can be overreached even if not paid to two trustees. s27(2) only applies where the conveyance gives rise to capital moneys.

Question 36

Birmingham Midshires Mortgage Services v Sabherwal

Answer 36

As the respondent had loaned capital money to two individuals - the sons - they had succeeded in overreaching her interest.