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Property > Land Law > Flashcards

Land Law Flashcards

1
Q

What is a fixture?

A

object affixed or annexed to land or building in a way that it becomes part of the land or building

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2
Q

What is a fitting?

A

object on land which remains a separate chattel

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3
Q

How do fixtures pass on sale and how do fittings pass on sale?

A

Ownership of fixtures passes automatically on a sale, fittings don’t unless it is listed in the Fittings and Contents Form.

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4
Q

What are 5 categories of legal interests?

A
  1. Mortgage – an interest that secures a loan giving the lender the right to sell the mortgaged property if the borrower defaults on the loan. Can only be created by deed.
  2. Easement – a right to use another person’s land (servient tenement) to benefit another piece of land (dominant tenement).
  3. Rentcharge – an interest that requires the landowner to make a periodic payment in respect of land to the rentcharge owner (typically a former owner of the land)
  4. Profits a prendre – in interest in land enables someone to take something from the land of another e.g. timber or fish
  5. Right of entry – right reserved in a leasehold or rentcharge contract to enter the premises.
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5
Q

Difference between legal and equitable interests in binding the land?

A

An equitable interest is not binding on a third party who purchases the legal estate for value who didn’t have notice of the interest. Legal interests are binding whether or not aware of them.

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6
Q

Methods to protect and enforce third party interest?

A

Third party interests in registered land not capable of being registered can be protected by a notice or restriction on the register of the title.

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7
Q

Generally a legal interest in property may be created only be deed, using what formalities?

A
  • In writing
  • Clearly intended to serve as a deed
  • Signed (or sealed if a company) in the presence of a witness who attests by signing the deed as well
  • Delivered (some act signified that the document is meant to be effective)
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8
Q

What happens if fail to register a conveyance within two months?

A

Means that the transfer of the legal estate to the buyer becomes void and the legal estate reverts to the seller

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9
Q

What happens if fail to register a lease within two months?

A

Means the transferor has full legal title and holds as bare trustee who must follow lawful instructions of the lessee or mortgagee as it relates to those interests.

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10
Q

What will trigger an application for first registration?

A
  • A conveyance on sale of freehold land
  • A deed of gift
  • An assent
  • A grant of a lease for more than 7 years
  • An assignment on sale of a lease having an unexpired term exceeding seven years

After any of these an application for first registration must be made within two months.

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11
Q

What can be registered with their own title number at HMLR?

A
  • Estates in land – freeholds and leaseholds
  • Rentcharges
  • Franchises
  • Profits a prendre in gross
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12
Q

What does qualified title mean?

A

A specified interest is excepted from the effect of registration

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13
Q

What does possessory title mean?

A

Title based on factual possession of the land rather than documentary evidence, used when title deeds have been lost or property has been adversely possessed

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14
Q

What does good leasehold title mean?

A

when freehold title not been produced on application to register the lease

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15
Q

What does absolute leasehold title mean?

A

HMLR has inspected all superior leasehold titles and freehold title

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16
Q

What interests override first registration?

A
  • Lease for seven years or less
  • Legal easement
  • Local land charge
  • Interest belonging to a person in actual occupation of the land
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17
Q

What dispositions don’t operate until they’re registered?

A
  • Transfer of a freehold estate (title doesn’t pass until the transfer is registered)
  • Grant of a legal lease with more than 7 years to run
  • Express grant or reservation of legal easements, legal profits and legal rentcharges
  • A first legal mortgage
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18
Q

What rights are acquired under adverse possession?

A

Person in adverse possession doesn’t acquire any rights in land during period of adverse possession, merely acquire the right to apply for registration of title.

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19
Q

When can apply to register adverse possession?

A

Can apply after 10 years of possession that is physical, exclusive and without owner’s permission.

20
Q

What happens on application to register adverse possession?

A

HMLR will notify the registered owner. If registered owner objects the application is generally rejected unless it would be unconscionable as there was a mistake in boundaries between the two pieces of land. If application successful squatter will be registered as proprietor.

21
Q

What is role of title deeds in unregistered title to land?

A

Generally can find any legal interests of third parties attached to the land in the deeds or by physical inspection of the property.

If mortgage taken the lender will usually take possession of the deeds to secure the loan.

22
Q

Under unregistered title to land for an equitable right or interest to be enforceable against a subsequent buyer of land where must it be registered?

A

on the Land Charges Register administered by HMLR.

23
Q

What are the different classes of Land Charges in unregistered title to land?

A
  • Puisne mortgage registration – for second mortgage on unregistered land as deeds already held by first mortgage will register (C(i))
  • Estate contract registration – to register equitable rights created by contracts/options to purchase (C(iv))
  • Restrictive covenant registration (D(ii)
  • Equitable easement registration (D(iii)
  • Non-owning spouse or civil partner registering their statutory right of occupation (F)
24
Q

If equitable interest not registered on Land Charges in unregistered title to land a subsequent purchaser for value will still be subject when?

A

If have actual, constructive (would have discovered after making reasonable enquiry) or imputed (notice given to agent) notice of the interest

25
Q

When will title to unregistered land be lost through adverse possession if someone can show what?

A
  • They have had actual, physical, and exclusive possession of the land for at least 12 years
  • Without permission of the landowner.
26
Q

What is the continuing role of doctrine of notice for unregistered land?

A

A bona fide purchaser of a legal estate for value takes priority over any pre-existing equitable interest which is not registrable as a land charge, provided they did not have actual, constructive or imputed notice of their existence.

27
Q

When is declaration of trust used?

A

If the buyer’s want to hold as tenants in common the solicitor should advise the buyers enter into a declaration of trust to set out their shares of ownership.

28
Q

Joint tenants can sever the joint tenancy to convert the interest to tenancy in common how?

A
  • Giving other joint tenant(s) notice in writing of desire to sever
  • Treating their share as separate e.g. contracting to sell it
  • Mutual agreement of the co-owners
  • Bankruptcy of one of the joint tenant’s (their beneficial interest will then be transferred to the trustee in bankruptcy).
29
Q

When may sections 14 and 15 of Trusts of Land & Appointment of Trustees Act 1996 assist?

A

If co-owners can’t agree how or when to dispose of a property

30
Q

What does sections 14 of Trusts of Land & Appointment of Trustees Act 1996 enable?

A

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

31
Q

What does sections 15 of Trusts of Land & Appointment of Trustees Act 1996 set out?

A

factors a court must consider when determining an application for an order under s14

32
Q

What are some factors sections 15 of Trusts of Land & Appointment of Trustees Act 1996 set out?

A
  • Intentions of the person or persons (if any) who created the trust;
  • Purposes for which the property subject to the trust is held; and
  • The welfare of any minor who occupies as their home.
33
Q

What is an easement?

A

A right which benefits one piece of land over a different piece of land.

34
Q

General method for creation of easements?

A

General rule is it must be created by deed (or prescription) and can be for a fixed period or an unlimited one.

35
Q

What is an easement by prescription?

A

Easement acquired through long use, exercise of a benefit over someone’s land without permission, for over 20 years without challenge by landowner or contribution to the owner. Once created is treated as a legal interest.

36
Q

When will implied easement by necessity arise?

A

If part of land is sold and the parties have not expressly provided for an easement but one is needed for the buyer to use and enjoy the land purchased (e.g. where land otherwise wouldn’t have access to a road)

37
Q

When will implied easement by existing use arise?

A

Will pass on sale of part of land if easement is continuous and apparent, necessary for reasonable enjoyment of the land acquired and had been and was on date of conveyance used by the seller for the benefit of the land now being sold.

38
Q

Where are easements listed on title register?

A
  • Benefit of a legal easement will appear as a notice on the property register of the dominant tenement title
  • Burden of the easement will appear as a notice on the charges register of the servient tenement title.
39
Q

What is a restrictive covenant?

A

obligation imposed on land which is negative in nature e.g. covenant not to build more than one dwelling on the land

40
Q

What is a positive covenant?

A

Covenantor required to do some act e.g. obligation to erect and maintain a fence

41
Q

What are mortgages subject to?

A

Third party interests existing on the same property as the mortgagee’s interest (=if default and sale of property these interests will be superior to the buyer of mortgaged property):
* Legal tenancy of unregistered land granted before mortgage created
* Legal tenancy of registered land that doesn’t exceed seven years
* Equitable tenancy of unregistered land protected by registration on land charge
* Interest of an occupier who doesn’t own the property but who contributed to its purchase price
* Equitable tenancy of registered land that doesn’t exceed seven years and tenant in occupation.

42
Q

Once legal mortgage registered as a charge the mortgagee has what following rights if default of the mortgage obligation?

A
  • Sue for debt owed
  • Take possession of the property (if dwelling can only do this through the courts) and exercise managerial powers over it
  • Foreclose – this right doesn’t arise until after the contractual date for repayment of the mortgage has passed. Foreclosure via a court order that transfers the legal estate from the borrower to the lender.
  • Sell the mortgaged property to recover what is owed – no need to apply to a court if the date for redemption has passed and the interest payments are more than two months in arrears. This sale will be subject to any prior mortgages but will be free of estates or interests over which the mortgage itself has priority. Legal mortgage generally has priority over all subsequent mortgages.
43
Q

What are different types of leases/licences?

A
  • fixed term tenancies
  • Reversionary lease
  • Periodic tenancy – tenancy defined by length of time which automatically renews for another period until one of the parties gives notice. If the lease doesn’t provide a notice period this is normally the period of the lease
  • Tenancy at will – personal arrangement e.g. allowing a buyer to take possession of the land before entering any written agreement to sell.
44
Q

Key characteristics of a lease?

A
  • Right of the tenant to exclusively possess the land
  • For a fixed or periodic term certain
  • Given in exchange for consideration (either or both premium or rent)
45
Q

What is a licence?

A

is a personal right and not an interest in land. Doesn’t include the statutory provisions that attach to leases.

Property (5 decks)

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