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SQE 2 > Land Law > Flashcards

Land Law Flashcards

1
Q

What is a “corporeal hereditament”?

A

Corporeal hereditaments are tangible things on the surface of the land.

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2
Q

What is an “incorporeal hereditament”?

A

Intangible things

eg. Rights, Easements, and Rents

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3
Q

Fixture

A

Object affixed or annexed to the land/building in such a way as to become part of the land/building

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4
Q

Fitting

A

Object on land which does not become part of the land.

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5
Q

Do fittings pass with the land on sale?

A

No. Ownership of fittings does not pass automatically on the sale of land.

It only passes if the fitting is listed on the Fittings and Contents Form.

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6
Q

Do fixtures pass with the land on sale?

A

Yes. Ownership of fixtures pass automatically on the sale of land.

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7
Q

What are the two tests used to determine if something is a fixture?

A
  1. Degree of annexation test (The greater the degree of attachment to the land, the more likely it is to be a fixture)
  2. Purpose of annexation test (Did the owner intend to make it a permanent part of the land?)
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8
Q

What is the degree of annexation test?

A

The first of the two tests for determining if something is a fixture which passes automatically on the sale of land.

The greater the degree of attachment to the land, the more likely it is to be a fixture.

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9
Q

What is the purpose of annexation test?

A

The second of the two tests for determining if something is a fixture which passes automatically on the sale of land.

Did the owner intend to make it a permanent part of the land?

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10
Q

What are the two legal estates in England and Wales?

A
  1. Freehold Estate (Fee Simple Absolute in Possession)
  2. Leasehold Estate (Term of Years Absolute)
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11
Q

Leasehold estate alternative name

A

Term of years absolute

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12
Q

Freehold estate alternative name

A

Fee Simple Absolute in Possession

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13
Q

What is the only way you can create a legal interest in property?

A

By deed

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14
Q

Requirements for a deed

A
  1. In writing
  2. Clearly intended to serve as a deed
  3. Signed in the presence of a witness
  4. Delivered (some act which signifies that the document is meant to be effective)
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15
Q

What are the five categories of legal interests?

A

MERRP

M: Mortgage
E: Easement
R: Rentcharge
R: Right of Entry
P: Profits à prendre

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16
Q

What does MERRP stand for?

A

MERRP is the abbreviation for the five categories of legal interest.

M: Mortgage
E: Easement
R: Rentcharge
R: Right of entry
P: Profits à prendre

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17
Q

What happens when there’s an attempt to create a legal interest by deed but it fails because the formalities were not met?

A

An equitable interest may arise as long as there’s a written contract.

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18
Q

When is an equitable interest in a legal estate not binding?

A

An equitable interest in a legal estate is NOT binding on any third party who purchases the legal estate for value and who didn’t have notice of the equitable interest.

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19
Q

Where can a person find the legal interests which are attached to unregistered land?

A

Usually found in the deeds or by physical inspection.

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20
Q

How do you make an equitable right or interest enforceable on unregistered land?

A

You must register the right or interest on the Land Charges Register.

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21
Q

How are land charges registered in the unregistered land system?

A

Against the full name of the property owner.

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22
Q

If an equitable interest isn’t registered, how else can a subsequent purchaser be subject to the interest?

A

If an equitable interest is not registered, a subsequent purchaser of the property for value will still be subject to the equitable interest if they have:
actual, constructive or imputed notice of the interest.

  • Actual notice if they know of the interest themselves
  • Constructive notice if they would have discovered the facts after making reasonable enquiry.
  • Imputed notice if it has been given to their agent.
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23
Q

What happens to equitable interests if you receive an unregistered property as a gift?

A

You take it subject to the equitable interests even if you have no notice.

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24
Q

What interests override first registration? (4 of them)

A
  1. Lease for 7 years or less
  2. Legal easement
  3. Local land charge
  4. Interest belonging to a person in actual occupation of the land.
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25
Q

Rule of Adverse Possession for Unregistered Land

A
  1. Actual physical and exclusive possession for at least 12 years.
  2. Without permission of the land owner.
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26
Q

5 triggers for first registration

A
  1. Conveyance on sale of freehold land
  2. Deed of gift
  3. Assent
  4. A grant of a lease for a term exceeding 7 years
  5. An assignment on sale of a lease having an unexpired term exceeding 7 years.
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27
Q

After a triggering event, how long do you have to register?

A

2 months

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28
Q

What happens if you fail to register within 2 months of a triggering event?

A

Convenyance:
Legal estate reverts to the seller.

Lease or mortgage:
Transferor has full legal title but holds as a bare trustee who must follow the lawful instructions of the lessee or mortgagee as it relates to those interests.

Unregistered interest will also lose priority to other transactions which create interests.

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29
Q

What is an absolute freehold title?

A

The registered proprietor takes the legal estate together with all interests subsisting for the benefit of that estate.

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30
Q

What is a qualified title?

A

A specified interest is excepted from the effect of registration.

31
Q

What is a possessory title?

A

A class of title based on factual possession of the land rather than documentary evidence.

Used when the title deeds have been lost or if property has been adversely possessed.

32
Q

Good leasehold title

A

A class of title for which freehold title has not been produced to HMLR on application to register the lease.

33
Q

Absolute leasehold title

A

HMLR has inspected all superior leasehold titles and the freehold title.

34
Q

Adverse possession for registered land

A
  1. Actual physical and exclusive possession for at least 10 years.
  2. Without permission of the land owner.

ONLY gives a right to apply for registration.

35
Q

Joint Tenants

A

Each party owns an undivided equal interest in the whole.

Right of survivorship (property passes outside will).

Can be no more than 4 legal owners/joint tenants.

36
Q

How can you hold the legal title?

A

ONLY as joint tenants.

37
Q

How can you hold the equitable title?

A

As either joint tenants or tenants in common.

38
Q

Tenants in common

A

Undivided interest (but interest need not be equal).

No right of survivorship (so can pass in will).

39
Q

Ways to sever joint tenancy of equitable interest? (4 ways)

A
  1. Giving notice in writing to other joint tenants
  2. Treating their share as separate (eg. contracting to sell it)
  3. By mutual agreement of the co-owners
  4. Bankruptcy
40
Q

Overreaching

A

Overreaching is a process by which if the purchase money is paid to all of the trustees (at least 2), the beneficiaries’ interests in the trust detach from the land and attach to the funds.

41
Q

s14 and s15 of the Trusts of Land & Appointment of Trustees Act

A

s14: Enables a co-owner to apply to the court for an order relating to a trustee’s order to sell, obtain consent, or declare the nature of a person’s interest.

s15: Sets out factors a court must take into account in determining an application for an order under s14.

42
Q

3 key characteristics of a lease

A
  1. Right of the tenant to exclusively possess the land.
  2. Fixed or for a periodic term.
  3. Leases are given in exchange for consideration (either or both a premium and an up front payment).
43
Q

What is important for lease covenants depending on the date the lease was made?

A

If made after 1995, tenants are automatically released from their covenants upon assignment.

If a lease was made before 1996, the original landlord and original tenant automatically remain liable to each other under the lease for the entire lease period unless one of them expressly releases the other.

44
Q

Profit à prendre in gross

A

Not attached to land and transferrable in its own right

45
Q

Profit à prendre appurtenant

A

Attached to land

46
Q

How must an legal easement or profit be created to make it valid?

A

A legal easement or profit must be created by deed in order to be valid.

47
Q

3 methods of creating an easement

A
  1. Express grant or reservation
  2. Prescription
  3. Implied grant or reservation
48
Q

How is an easement acquired by prescription?

A
  1. Exercise of a benefit over someone’s land without permission.
  2. For 20 years without challenge by the landowner or without contributing money to the landowner.
49
Q

Are easements gained by a prescription treated as a legal interest?

A

An easement gained by prescription is treated as a legal interest.

50
Q

Two methods of easement by implied grant or reservation

A
  1. Implied easement of necessity
  2. Implied easement by existing use
51
Q

What are the requirements of an implied easement by existing use?

A

Easement must be:
1. Continuous and apparent

  1. Necessary for the reasonable enjoyment of the land acquired
  2. Had been, and was on the date of the conveyance, used by the seller for the benefit of the land now being sold.
52
Q

Where will the benefit of an easement appear for registered land?

A

As a notice on the property register of the dominant tenement.

53
Q

Where will the burden of an easement appear for registered land?

A

As a notice on the charges register of the servient tenement.

54
Q

Where should equitable easements in unregistered land be registered?

A

As a D(iii) land charge.

55
Q

Who can ALWAYS enforce covenants?

A

The original covenantee can always enforce covenants against the original covenanter.

56
Q

Can positive covenants bind successors in title?

A

No. Positive covenants cannot usually bind successors in title.

Unless the original covenanter and each successor in title of the servient tenement obtain an indemnity covenant from the next buyer.

57
Q

Can the benefit of a restrictive covenant be enforceable by the covenantee’s successors in title?

A

Yes, if:

  1. The covenant touches and concerns the land of the covenantee
  2. The parties must have intended the covenant to remain in effect even after the property is sold
  3. At the time the covenant was made, the covenantee held the legal estate in the land to be benefitted
  4. The covenantee’s successor in title now holds the legal estate.
58
Q

Can the burden of a restrictive covenant be enforceable at law against a successor in title?

A

No.

But, may be enforceable in equity if:

  1. The covenantee owned land as at the date of the covenant which would benefit from that covenant
  2. The burden of the covenant was intended to run with the land
  3. Covenant appears on respective register
59
Q

How must a legal mortgage be made?

A

By deed

60
Q

What is a C(i) land charge?

A

Puisne mortgage

61
Q

What is a C(ii) land charge?

A

A limited owners charge (rare)

62
Q

What is a C(iii) land charge?

A

A general equitable charge not covered in the other categories (rare)

63
Q

What is a C(iv) land charge?

A

Estate contract

64
Q

What class of land charge is a puisne mortgage?

A

C(i) land charge

65
Q

What class of land charge is an estate contract?

A

C(iv) land charge

66
Q

What is a D(i) land charge?

A

Relates to tax paid on death (rare)

67
Q

What is a D(ii) land charge?

A

Restrictive covenant

68
Q

What is a D(iii) land charge?

A

Equitable easement

69
Q

What class of land charge is a restrictive covenant?

A

D(ii) land charge

70
Q

What class of land charge is an equitable easement?

A

D(iii) land charge

71
Q

What is a Class F land charge?

A

Class F land charge protects a non-owning spouse’s statutory right of occupation of the matrimonial home under the Family Law Act 1996. q

72
Q

How do you protect a non-owning spouse’s right to occupation in unregistered land?

A

Registering a category F land charge against the full name of the Estate Owner.

73
Q

Does registration as a land charge constitute actual notice?

A

Registration as a land charge constitutes actual notice to all persons of the interest or right registered and thus makes it binding on all subsequent owners of the land.

74
Q

What happens when a land charge is not registered?

A

If a land charge is not registered, it is void against a purchaser of a legal estate for money or money’s worth.

SQE 2 (4 decks)

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