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Final Review: Land Law Flashcards

(47 cards)

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1
Q

When do fittings pass on the sale of land?

A

When they are listed on the Fittings and Contents form

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2
Q

How to determine whether something is a fixture or a fitting if it is unclear?

A

Two tests:
- Degree of annexation (attachment) to the land
- Purpose of annexation (did they intend to attach it permanently)

If the tests clash, the purpose test prevails

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3
Q

What are the 5 categories of legal interests that must be created by deed?

A
  • Mortgage
  • Easement
  • Rentcharge
  • Profits a prendre (appurtenant + gross)
  • Right of entry
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4
Q

What happens if parties attempt to create a legal mortgage, but the deed fails?

A

Equitable mortgage

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5
Q

Are covenants made in land contracts binding on subsequent purchasers of the land?

A

Generally, no- only on the parties to the contract

BUT, a restrictive covenant may be enforced in equity against a subsequent buyer IF THEY HAD NOTICE OF IT.

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6
Q

A deed is required to create most LEGAL interests in land. What is needed to create a valid deed?

A
  • In writing
  • Say it’s a deed on its face
  • Signed by the grantor in the presence of a witness, who attests to the same
  • Delivered
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7
Q

Difference between contracts for land v. deeds (what are they used to create)

A

Contracts for Land: Create equitable interests

Deeds: Create legal interests

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8
Q

What formalities are required to create equitable easements and equitable covenants?

A

Only a writing signed by the grantor

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9
Q

What is Proprietary Estoppel and what does it require?

A

It is a remedy that prevents a party from gaining/losing property because of a lack of formalities if it would be unconscionable for them to do so. It requires:
- An assurance
- Claimant reasonable relies on the assurance
- Claimant acted to their detriment
- Unconscionable not to grant the remedy

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10
Q

In the unregistered system, when is a buyer bound by legal interests?

A

Whether or not they are aware of it

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11
Q

In the unregistered system, when is a buyer bound by equitable interests?

A

Only if the buyer has notice of them, EXCEPT if it was a gift

Registration on the land charges register constitutes actual notice

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12
Q

In the unregistered system, how can a person identify any legal interest that exist on the land?

A
  • Examining the property’s deeds
  • Physically inspecting the property
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13
Q

What is a Class C(i) Land Charge?

A

Pusine mortgage (secondary to first mortgage, holder of it does not hold the deeds as the main mortgage holder does)

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14
Q

What is a Class C(iii) Land Charge?

A

General equitable charge (e.g., equitable mortgage)

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15
Q

What is a Class C(iv) Land Charge?

A

Estate contract (registration of equitable rights created by contracts to purchase)

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16
Q

What is a Class D(ii) Land Charge?

A

Restrictive covenant

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17
Q

What is a Class D(iii) Land Charge?

A

Equitable easements

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18
Q

What is a Class F Land Charge?

A

Non-owning spouse to register their statutory right of occupation

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19
Q

In the unregistered system, can you register a beneficial interest in land as a land charge?

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A

No, governed by notice

20
Q

How does adverse possession work in the unregistered system?

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A

Successful AP claimant can acquire possessory title to land if they can show:
- Actual, physical, and exclusive possession of land
- w/ intent to possess it
- for at least 12 years
- without permission of the landowner

21
Q

What are the different period for adverse possession in the unregistered/registered system?

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A

Unregistered: 12 years
Registered: 10 years

22
Q

What events trigger an application for first registration of land?

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A
  • Sale of freehold land
  • Deed of gift
  • Assent
  • Grant/assignment of a lease that exceeds 7 years
  • Legal mortgage
23
Q

Once a triggering event occurs, when must an application for first registration occur?

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A

Within 2 months.

If not, costs to remedy fall on party in default.

24
Q

What happens if a conveyance is not timely registered upon first registration?

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A

Legal estate reverts to seller

25
What happens if a lease or mortgage is not timely registered upon first registration?
Transferor retains legal title as a bare trustee, must follow lawful instructions of the leasee/mortgagee
26
What are the common classes of title that land can be held in?
1) Absolute freehold title - "Best" class, holder takes legal estate w all interests 2) Possessory title -Factual possession of the land rather than based on documents 3) Good leasehold title - When freehold title not produced on application to register a lease 4) Absolute leasehold title - Awarded when HMLR has inspected all superior leasehold/freehold title(s)
27
What estates can be registered at HMLR?
- Estates in land (leasehold + freehold) - Rentcharges - Franchises - Profits a prendre in gross (personal)
28
What is a caution against first registration?
Something registered at HMLR by someone with an interest in unregistered land. - Can be contested by owner of the estate - If caution registered, HMLR will notify the holder if any application for first registration is made, and they may object to it.
29
In the registered system, what dispositions are not effective until registered?
- Transfer of freehold estate (including by gift, will etc.) - Grant of lease exceeding 7 years - Express grant/reservation of legal easements and profits - Legal mortgages (first + subsequent)
30
What third-party rights MUST be registered on the title to be effective in law?
- Legal mortgage of registered land - Legal easement NOTE: They can still take effect in equity even if they fail at law
31
Other than legal mortgages and legal easements, how are other third party interests in land protected?
Either by a notice or a restriction on the register of title. - Notice: burdens the land (e.g., a covenant) - Restriction: Prevents certain dealings with the land
31
What interests override first registration, even if they don't appear on the register of title? (I.e., they will continue to exist after unregistered land is registered)
1) Legal lease granted for 7 years or less 2) Implied legal easements or profits a prendre - Buyer must have known about them, or obvious from reasonable inspection, OR - Easement/profit is exercised within 1 year of disposition 3) Property interest belonging to a person in actual occupation* (not just a license), UNLESS: - occupier failed to disclose their occupation on reasonable inquiry, or - occupation was not obvious on reasonable inspection and buyer had no knowledge. *Right of occupation of non-owning spouse doesn't count (they can protect w Class F land charge)
32
How can severance of an equitable interest in JT property arise?
- Written notice - Party treats their share as separate - Mutual agreement (can be shown by their actions) - Bankruptcy
33
If it is unclear how co-owners will hold their beneficial interest in property, what will the court do?
They will presume it follows the legal interest in the property- JT
34
What is "overreaching"?
A way for a buyer to take a property clear of a beneficiary's interest under a trust. - Happens automatically if the purchase money is paid to two or more trustees. If only paid to one trustee, no overreaching. EXAMPLE: A property is held on trust for A, B, and C. If A sells the property as a trustee and pays the purchase money to two trustees, B and C's equitable interests are overreached, meaning the purchaser gets the land free of their rights. B and C's interests then attach to the money received from the sale.
35
What is Section 14 of the Trust of Land & Appointment of Trustees Act?
Enables one co-owner to apply to the court for an order relating to the trustee's duties (e.g., an order to sell)
36
What is Section 15 of the Trust of Land & Appointment of Trustees Act?
It sets out the factors a court must consider in determining an application for an order under section 14: - Intention of those who created the trust - Purpose for which the trust property is held - Welfare of any minor who occupies trust land - Interest of secured creditors
37
When are Section 14 and Section 15 of the Trust of Land & Appointment of Trustees Act used?
When co-owners can't agree on how or when to dispose of property.
38
What are the essential characteristics of a lease? What happens if one of these are missing?
Essential Characteristics: - Certainty of term - Exclusive possession (can be JTs) - Appropriate formalities If they are missing: - It is a license, rather than a lease. NOTE: If it is unclear, courts will look at the substance of the agreement (i.e., if it is substantively a lease, but the LL wants to call it a license, it will be treated as a lease)
39
What statutory right in implied into wholly commercial leases?
If T fails to pay rent, L can take control of their goods and sell them. - L must give 7 days notice
40
Must leases be created by deed?
Generally, yes. However: - Not for leases of 3 years or fewer - Can still be enforced in equity if lease is in writing, signed by both parties, and incorporates all agreed terms
41
What are the express covenants in a lease?
- Paying rent - Quiet enjoyment - Duties to repair - Permitted uses of premises (residential, commercial) - Restrictions on altering the premises without LL consent (must be reasonably withheld) - Insurance
42
May a LL rely on forfeiture as a remedy for breach of a lease?
Not implicitly, it must be expressly included in the lease. LL must also give T notice of the breach + reasonable time to fix T has a right to settle/apply for relief from forfeiture.
43
What is a Jervis v. Harris clause?
"Self-help" clause that allows LL to enter premises and make repairs if: - T breached the covenant to repair - L gives T notice of work to be done - T fails to comply
44
When is the original tenant liable to the landlord after ASSIGNING their lease?
Usually, the incoming T steps into their shoes and they are not liable. - Leases made after 1995: T is automatically released from their covenants upon assignment (but may be required to be guarantor if new T defaults) - Leases made before 1996: OG landlord and tenant remain liable to each other, unless there is an express release
45
How can easements be created?
1. Express grant or reservation 2. Implied grant or reservation - Necessity - Common intention 3. Prescription - Exercised without force, secrecy, or permission from land owner - Exercised for 20 years without challenge
46
Covenants: Binding successors in EQUITY and LAW. 1. Burden passing to a successor in equity 2. Benefit passing to a successor in equity 3. Burden passing to a successor at law 4. Benefit passing to a successor at law
1. Burden passing to a successor in equity Must be: - Restrictive covenant - Touches and concerns the land - Intended to run with the land (implied by statute) - Successor has notice (Charges register, D(ii) Land Charge) 2. Benefit passing to a successor in equity - Touches and concerns the land, or - Through annexation - Express assignment - Building scheme

Land Law (10 decks)

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