Land Law Flashcards
(40 cards)
What are the events triggering first registration?
- Conveyance on sale of freehold land.
- Assent.
- Deed of gift.
- Grant of a lease >7 years.
- Grant of a first legal mortgage.
- Assignment of a lease with an unexpired term of >7 years.
What is the time limit to register land?
Within 2 months of completion.
What are the consequences of failing to register land?
The transfer will become void and the legal estate will revert to the seller.
For leases/mortgages, the legal estate will revert to the transferor who holds on trust as a bare trustee.
What are the types of legal interest in land?
- Mortgage.
- Easement.
- Rentcharge: Used to enforce positive covenants by giving the rent charge owner a right of entry.
- Profit a prendre in gross: Can exist independently of land.
- Profit a prendre appurtenant: Attached to the piece of land.
- Rights of entry: Enables the holder to go on the land in certain situations.
What are the types of equitable interest in land?
- Equitable mortgage.
- Restrictive covenant.
- Positive covenant.
- Estate contract.
When is proprietary estoppel available?
When it would be unconscionable for the title holder to refuse the claimant’s entitlement:
- There was an assurance that the claimant would have an interest in land, which they reasonably relied on and acted to their detriment as a result.
How are third party interests protected (RL)?
By notices or restrictions in the register, e.g.:
- Legal mortgage registered on the Charges Register.
- Legal easement registered as a burden on the Charges Register of the servient tenement and notice on the Property Register of the dominant tenement.
- Tenants in common: Form A restriction on the proprietorship register.
How are third party interests protected (UL)?
Bound by legal interests irrespective of notice, but equitable interests can be registered as a land charge against the owner:
- C(i): Puisne mortgage.
- C(iii): General equitable charge, equitable mortgage.
- C(iv): Estate contract.
- D(ii): Restrictive covenant.
- D(iii): Equitable easement.
- F: Non-owning spouse’s statutory right of occupation.
If not registrable, subject to the doctrine of notice.
What are the 4 classes of title?
- Absolute freehold title: Proprietor takes the legal estate with all interests.
- Possessory title: Based on factual evidence. A claim can be brought by someone with better title.
- Good leasehold title: Freehold title has not been produced to HMLR.
- Absolute leasehold title: Where HMLR has inspected all superior titles and the freehold title.
Which interests are overriding for registered land?
- Legal leases for 7 years or less.
- Implied legal easements/profits a prendre if purchaser has knowledge, it is obvious on reasonable inspection, or has been exercised within 1 year of the date of disposition.
- A person in actual occupation, unless they failed to disclose on reasonable enquiry or it was not obvious on reasonable inspection (property right needed).
Which interests are overriding for unregistered land?
- Lease granted for 7 years or less.
- Legal easement.
- Local land charge.
- An interest belonging to a person in actual occupation.
What are the requirements for adverse possession?
- Actual possession;
- Exclusive possession; and
- No permission from the owner.
What is the effect of adverse possession for registered land?
The person in adverse occupation only acquires the right to apply for registration of title after 10 years. The registered proprietor has the opportunity to object and this is usually accepted.
What is the effect of adverse possession for unregistered land?
The actual owner loses the right to recover the land after 12 years and holds the legal estate on trust for the person in adverse possession, who can then apply for possessory title.
What is the maximum number of trustees that can hold the legal estate as joint tenants?
4
What needs to be prepared if the equitable interest is held as tenants in common?
A will and declaration of trust.
What are the methods of severance to convert a joint tenancy into tenancy in common?
- Written notice: Must show clear intention and be sufficiently served.
- By treating share as separate: E.g. Contracting to sell it.
- By dealing with the equitable interest: Disposing of it, leasing it, or mortgaging it.
- By course of dealings: E.g. Oral agreement to purchase share of another.
- By forfeiture.
- By bankruptcy.
What is overreaching?
Buyer taking free of the interests of a behind-the-scenes co-owner.
How is overreaching performed?
Paying purchase money to two or more trustees, or a trust corporation (can appoint a second or obtain a written release from the beneficiary of their rights - will sign the contract before exchange).
What are ss.14-15 of Trusts of Land & Appointment of Trustees Act 1996 for?
For when co-owners cannot agree how or when to dispose of a property.
What does s.14 of the 1996 Act provide?
Allows a trustee/other with an interest to apply to the court for an order relating to their duties, e.g. order to sell or relieve the trustee of the duty to obtain the beneficiaries’ consent or to consult.
What does s.15 of the 1996 Act provide?
Sets out factors for a court to consider in determining an application under s.14:
- Intentions of the persons who created the trust.
- Purposes for which the property subject to the trust is held.
- Welfare of any minor who occupies the land as their home.
- The interests of the beneficiaries’ secured creditors.
What will the court consider if the relationship has broken down?
- Declaration of trust.
- If the property was transferred to the parties jointly (will be treated as joint tenancy) - challenger will have to prove a different common intention.
What are the 4 essential characteristics of an easement?
- A dominant and servient tenement.
- It must confer a benefit on the dominant tenement (on the LAND).
- The dominant and servient tenements must be in separate ownership.
- The right must be of a type recognised as capable of being an easement and must be described sufficiently to identify it.
