Land Flashcards
(26 cards)
The freehold owner of registered land grants, by deed, a right of way for a period of 20 years over a path on the freehold owner’s land, for the benefit of neighbouring land. The path serves as a shortcut from the neighbouring land to the village green. The easement is registered against the freeholder owner’s title at the Land Registry and noted on the neighbour’s registered title.
C Because it is a registrable disposition and takes effect at law once registered.
A solicitor is acting for a buyer of a house. The house has a registered freehold title and the seller is a sole registered proprietor. The seller’s solicitor tells the buyer’s solicitor that the house is subject to a covenant which states that it must only be used for residential purposes. The buyer also tells his solicitor that when the seller’s mother showed him around the house, she commented that the house had been a good investment for her and her son and she hoped it would be for the buyer too.
D . The buyer will be bound by the restrictive covenant if it is noted in the Charges Register of the title and he may also be bound by any trust interest which the seller’s mother has in the house even if there is no entry on the register in respect of it.
The owner of a registered freehold house entered into a civil partnership with his partner who subsequently moved into the house. After occupying the property for many years the relationship is now in difficulty and the partner has left the house
D Yes, because the partner has a right of occupation and can protect it by registering a notice in the Charges Register of the owner’s title
Four years ago four business partners (an older man, a younger man, an older woman and a younger woman) bought a freehold shop for their retail clothes business. Title to the shop was registered. They held the legal estate and the beneficial interests as joint tenants. Two months ago the younger man telephoned each of the others and left a message saying “I want to take my share of the shop and leave”. Sadly the younger man died of a heart attack before the others had picked up their messages. His will left his entire estate to his wife.
C When the younger man left his telephone messages, this had no effect on the legal estate. It also had no effect in equity because there was no severance by notice or mutual agreement. When the younger man died both the legal estate and the beneficial interests passed by survivorship, leaving the other business partners as the legal and beneficial owners of the shop.
A group of five friends bought a property together six years ago; they all worked locally and it worked out cheaper than each of them buying their own property. The property was registered in the names of the first four friends and the transfer stated that they held the property as tenants in common in equity in equal shares. Two of the friends are now a couple and want the property to be sold as quickly as possible so that they can buy a property just for themselves. In addition, a third friend also wants to sell as she has just accepted the offer of a new job in a city 100 miles away. The remaining two friends insist that the property should not be sold.
B Any of the five friends may apply to the court for an order to determine whether or not the property should be sold and the court may make such order as it thinks fit.
A client purchased the freehold of a property from a sole seller. The price the client paid to the seller for the property was below market value. Title to the property was unregistered. During the course of the transaction, the conveyancing solicitor acting on behalf of the client discovered that the seller’s mother had originally contributed to the purchase price when the seller had purchased the property, although the property had only been conveyed into the seller’s sole name. The solicitor did not pass any of the information relating to the mother or her contribution to the purchase price on to the client before the purchase completed. The seller’s mother now claims she has an interest in the property and that the client is bound by that interest.
B Yes, because the client had notice of the
Last year a land owner sold part of their land to a buyer. In the conveyance (by deed) the land owner granted the buyer a right of way over the land owner’s retained land for the rest of the buyer’s life.
D An equitable easement
A solicitor acts for a husband and wife in the purchase of a freehold property (‘the Property’) for £350,000. The wife contributed £150,000 and the husband contributed the remaining £200,000. The Property is transferred to them as express beneficial joint tenants in equity
B The Property is held legally and beneficially as joint tenants due to the express declaration of trust.
Four students (a chemistry student, an economics student, a geography student and a music student) purchased a property (‘the Property’) for them to live in whilst they studied at university. The chemist, economist and geographer each provided 20% of the purchase price. The musician contributed the remaining 40% of the purchase price. The Property was transferred to them as beneficial joint tenants in equity.
The economist struggled financially and mortgaged his interest in the Property to a bank. He subsequently received a large inheritance and managed to pay off the mortgage.
The chemist was killed in a car accident and, in her will, left her interest in the Property to her sister
.
A The economist holds 25% as a tenant in common, with the geographer and the musician holding the remaining 75% as joint tenants.
A father gifts his house (‘the Property’) to his children (a son, a step-son, a daughter and a step-daughter) as beneficial joint tenants. The Property is transferred to them. At the time of the transfer, the step-daughter is 17 years old.
The son is offered a well-paid job in Paris and sells his interest in the Property to a friend. The friend immediately moves into the Property. The son retires as a trustee.
At the step-daughter’s 18th birthday party, the step-son (knowing he is terminally ill) gives the daughter and step-daughter a written notice stating that he wishes to immediately sever his joint tenancy. Subsequently, the step-son dies and, in his will, leaves his interest in the Property to his wife.
D The trustee is the daughter holding for herself and the step-daughter as joint tenants of 50% and the friend and the wife as tenants in common of 25% each.
In 1989, a man purchased a freehold property consisting of a farm house and outbuildings including a large separate barn (‘the Barn’). The Barn has its own access to the main road, but the man has always used a track (‘the Track’) running past the main house to access the Barn. He prefers the Track as it avoids a dangerous right-hand turn. Last year, the man sold the Barn to a woman. The transfer included an express right over the main point of access but made no mention of the Track
C The easement is created by Wheeldon v Burrows as a quasi-easement in use at the time of the sale
A freehold owner granted a 25-year lease of their property (‘the Property’). Five years after the lease was created, the freehold owner gave informal permission for the tenant to erect a sign upon the freehold owner’s adjoining land advertising the tenant’s business. Last month, when the lease came to an end, the tenant purchased the freehold to the Property. The transfer made no mention of the sign
A The easement was created by s 62 LPA 1925 as an existing privilege upon the transfer of the freehold to the tenant
A barrister is the freehold owner of two houses. He lives in one house (‘the Retained Land’). He sells the other house (‘the Property’) to an architect. The transfer contains the following clause:
“For the benefit and protection of the Retained Land the Buyer and his successors in title covenant with the Seller and his successors in title to only use the Property as a private dwelling house”
The architect sells the Property to a doctor. The barrister sells the Retained Land to a vet. The doctor sells the Property to a friend
D The architect is the original covenantor and the vet owns the land which benefits from the covenant.
A market research analyst is the freehold owner of two houses. The analyst sells one house (‘the Property’) to an occupational therapist. The transfer to the occupational therapist contained the following clause:
“The Buyer and her successors in title covenant with the Seller and his successors in title to use the Property only as a private dwelling house”
Elsewhere in the transfer, the other house is identified as the seller’s ‘Retained Land’. The occupational therapist has sold the Property to a recruitment consultant. The market research analyst has sold his house to a teacher. The recruitment consultant has started running a business from the Property in breach of the covenant
B There is statutory annexation as the land to be benefited is identified in the transfer
A borrower purchased a house (‘the Property’) four years ago with the assistance of a mortgage (by deed) with a bank (‘the Bank’). The borrower has been made redundant and has not paid the last mortgage payment. The Bank want to sell the Property immediately
D The Bank cannot exercise the power of sale as the power is not yet exercisable.
A solicitor acts for the freehold owner of a vacant office block (‘the Property’) subject to a mortgage (by deed) in favour of a bank (‘the Bank’). The owner purchased the Property five years ago on a 25-year mortgage. The owner has not paid the mortgage payments for the last two months after their tenant’s lease came to an end and vacated the Property. The Bank have told the owner that they plan to exercise their power of sale in relation to the Property. The owner wishes to oppose this as there is a downturn in the market and it is a dreadful time to sell
B No, because the power of sale is exercisable and the Property is not a dwelling house.
In 1995, the freehold owner granted a commercial lease (by deed) to a company for a term of 40 years. The lease contained a repair obligation on the part of the tenant. The company quickly expanded its business and moved to larger premises and assigned the lease to a distributor in 2010. In 2015, the lease was assigned to a warehouse business. Each assignment was by deed and with the consent of the freehold owner. The property is in disrepair and the warehouse business does not have the financial resources to undertake the work. The freehold owner does not wish to bring the lease to an end as it would be hard to find a new tenant
E Pursue a claim in damages for breach of repair against the company via privity of contract
A solicitor is acting for the seller of a freehold unregistered property. The solicitor is preparing for deduction of title to the property to the buyer’s solicitor. They examine the deeds and documents relating to the property.
D A conveyance of the property, dated 13 April 1985
A buyer recently completed the purchase of an unregistered freehold property (‘the Property’). Yesterday, the buyer moved into the Property and was confronted by the neighbouring landowner who claimed to have a right of way over the Property for 20 years. The neighbouring landowner produced a deed evidencing the right of way. The buyer checked the document and discovered that the signatures had not been witnessed
E No, because the right of way is equitable and the buyer will only be bound if a Land Charge has been registered
A buyer purchases a freehold unregistered property (‘the Property’) from a husband and wife. Following completion of the purchase, the buyer is confronted by the wife’s mother who claims that she has an interest in the Property. When the husband and wife originally bought the Property, the mother paid the deposit and has lived in the Property since the husband and wife bought it. The buyer recalls meeting the mother when inspecting the Property, but had no idea she had an interest in the Property
D The buyer will not be bound as they have overreached the mother’s interest
A solicitor is acting for the buyer of a freehold registered property (‘the Property’). The seller tells the buyer that the Property is burdened by a restrictive covenant.
D An entry referring to a restrictive covenant in the charges register.
A buyer recently completed the purchase of a registered freehold property (‘the Property’). Yesterday, the buyer moved into the Property and was confronted by the neighbouring landowner who claimed to have a lease of the Property for five years from last year and granted by deed
C Yes, because it is a legal lease for a term of seven years or less, and so, automatically protected as an overriding interest
A buyer purchases a freehold registered property (‘the Property’) from a seller. Following completion of the purchase, the buyer is confronted by the seller’s wife who claims that she has an interest in the Property. After their marriage, the wife moved into the Property and paid half the mortgage payments. When the buyer checked the title, there was nothing to indicate that the wife had any interest in the Property. The buyer recalls meeting the wife when inspecting the Property and noted the wife’s furniture and possessions, but did not ask the wife if she had any interest in the Property.
E The buyer will be bound as the wife has an overriding interest as she has obvious actual occupation.
A solicitor is acting for a purchaser of a registered freehold property. The seller tells the buyer that the property is burdened by an easement granted by deed in 2006
A An entry referring to an easement in the charges register.
