Land Law Flashcards
(18 cards)
4 requirements to be satisfied to claim protection of Sch ch3, para 2
- interest in the land
- actual occupation
- EITHER:
a) occupation obvious on reasonably careful inspection
OR
b) purchaser actually knew of the interest - if inquiry made of person claimaing the right, they must disclose it (unless unreasonable to do so)
How can a beneficial interest protected by Sch 3, para 2 be overreached?
Buyer pays the purchase money to all the trustees beign at least two in number
What are the legal interests?
- Mortgages
- Easemnets granted for a certain term or forever
- Rights of entry
Between the borrower and lender, who grants the mortgage?
The borrower
Restrictive covenant
CANNOT BE LEGAL!!!!!!
Requirements for a valid land contract
Contract must be in writing.
Contract must contain all the expressly agreed terms.
Signed by both parties
Requirements of a valid deed
Must be clear on the face of the document that it is intended to be a deed
Must be validly executed (signed by seller in presence of a witness - witness then attests)
Must be delivered - acknowledgement of intention to be formally bound e.g. by dating)
What is an estate contract?
A contractual right to a legal estate
If a piece of unregistered land is transferred, at what point is the buyer recognised as being the legal owner of the land?
Completion of the transfer deed
If the land being transferred is unregistered land, does the transfer need to be registered?
Yes the land transfer will trigger the requirement to register the land for the first time
Right of pre-emtpion
Type of estate contract that gives another party a right of first refusal in the event the land lowner decides to sell their land
What does it mean for a land contract to be capable of specific performance
The claimant has clean hands
When a land contract is signed, the parties need not sign the same physical copy. The parties can sign different copies of the same document.
Is this statement true or false?
True because s 2(1) permits all the terms to be in two documents provided they are identical
If you hold the benefit of a valid land contract, what kind of interest (if any) do you have in the land that is the subject matter of the contract?
The contract gives an equitable interest in the land
Current position at law in respect of the ground below an owner’s piece of land
Infrastructure Act 2015, s43 effectively states there is no trespass at depths below 300 metres.
corporeal hereditament
things attached/fixed to the land, what we call fixtures in practice.
Which test prevails in determining if an item is a fixture or chattel?
The purpose of annexation test
