Land Law Workbook Flashcards
(236 cards)
1
Q
What is Actual Occupation?
A
A factor to consider when deciding whether someone is in actual occupation of land for the purposes of overriding interests. Factors include the degree of permanence and continuity of presence, intentions and wishes, length and reason for absence, and the nature of the property and personal circumstances.
2
Q
What is an Act of Generosity?
A
An agreement may be considered an ‘act of generosity’ where there is no intention to create legal relations, preventing it from being a lease. This is presumed where the parties are family or friends, though the presumption can be rebutted by formality or payment of rent.
3
Q
What does Alienation refer to?
A
The term used to describe a method for the tenant disposing of the whole, or part, of their interest in a leasehold property. This includes assignment, underletting, parting with possession, charging/mortgaging the lease, or surrendering it.
4
Q
What is Annexation (Covenants)?
A
Occurs when the benefit of a covenant becomes a permanent part of the dominant land itself, passing automatically when the land is sold. This can be express (in the wording) or statutory (implied by LPA 1925, s 78 unless excluded).
5
Q
What is Annexation (Fixtures)?
A
Refers to the method and degree of attachment of an item to the land.
6
Q
What is Assignment (Alienation)?
A
A method where a tenant transfers their entire leasehold estate to a new party who ‘steps into the shoes’ of the original tenant. To assign a lease, a deed must be used, and if the lease is registered, the assignment must be registered.
7
Q
Who is the Assignee?
A
The party who receives the leasehold interest when a tenant assigns their lease.
8
Q
What are Assured Shorthold Tenancies (ASTs)?
A
A specific type of residential tenancy where the distinction between a lease and a licence is of less importance.
9
Q
What does Attesting mean?
A
The act of a witness signing a deed to confirm they have witnessed the signing by the individual entering into the deed.
10
Q
What is an Authorised Guarantee Agreement (AGA)?
A
A guarantee by an outgoing tenant of the immediate assignee’s obligations only. It lasts for the period the assignee is the tenant, and the outgoing tenant can only guarantee their immediate assignee.
11
Q
What is a Bank Put on Inquiry?
A
A concept in undue influence cases where a bank is regarded as being on notice of the risk of undue influence whenever one party in a non-commercial setting is standing as surety for the other party.
12
Q
Who are Beneficiary(s)?
A
The person(s) who hold the equitable title in a trust of land and are the ‘true’ owners of the property.
13
Q
What is a Bona Fide Purchaser of the Legal Estate for Value Without Notice?
A
In unregistered land, an equitable interest is binding on everyone except this person. This forms the basis of the doctrine of notice.
14
Q
What is Breach of Copyright?
A
A form of theft and potentially a criminal offence or breach of professional ethics. Examples include converting digital materials to different formats, uploading to social media, e-mailing to a third party, or printing to share with a third party. Using BPP material for AI training is also prohibited unless agreed in writing.
15
Q
What is a Building Scheme (Covenants)?
A
A method for passing the benefit of restrictive covenants in equity where the parties intended to create a scheme of reciprocal local laws, allowing the benefit to pass to all new owners of plots within the scheme.
16
Q
What does Capable of Reasonably Exact Description mean in Easements?
A
A requirement for a right to ‘lie in grant’; the nature and extent of the right must be clear enough to be enforced, potentially by reference to a plan.
17
Q
What is Capable Grantor/Grantee in Easements?
A
A requirement for a right to ‘lie in grant’; the person granting the right must have the power to do so (e.g., over 18 and legal owner), and the person receiving the right must also be capable (cannot be a changing group like ‘residents of a village’).
18
Q
What does Capable of Remedy mean in Breach?
A
Refers to whether a breach of covenant in a lease can be put right by making full recompense to the landlord, leaving no lasting damage.
19
Q
What is Certainty of Term in Lease?
A
One of the essential requirements for a lease to exist, meaning the duration of the lease is fixed or ascertainable. This can be a fixed term or a periodic term.
20
Q
What is the Charges Register?
A
One of the three parts of the registered title (official copy) that contains details of interests that burden the land, such as restrictive covenants, easements, and mortgages.
21
Q
What are Chattels?
A
Items attached to the land that are considered personal property rather than fixtures. Their status is determined by two tests: method and degree of annexation and object and purpose of annexation.
22
Q
What is Class of Title?
A
A grade given to a property by the Land Registry on first registration, indicating the quality of ownership. Title absolute is the best and most common grade.
23
Q
What does Clog or Fetter on the Equity of Redemption refer to?
A
Clauses in a mortgage that prevent redemption altogether or significantly hinder the borrower’s right to repay the loan and recover the property. Equity will not allow such clauses.
24
Q
What is Co-ownership?
A
Exists where two or more people own the same estate in land at the same time.
25
What are Collateral Advantages in Mortgage?
Benefits gained by the lender in addition to the repayment of the loan and interest, often included in commercial mortgages like 'solus ties'. Equity provides protection from such clauses.
26
What is Common Intention in Implied Easement?
A method of implied easement acquisition where the dominant land is sold or leased for a specific purpose known to both parties, and the easement claimed is essential to achieve that purpose.
27
What is Common Intention Constructive Trust in Land?
An implied trust that can arise where a property is bought as a family home and parties contribute to the price or mortgage, indicating a common intention that they should share ownership.
28
What is Compulsory Registration?
Requirements set out in LRA 2002, s 27, stating that certain transactions (registrable dispositions) must be completed by registration to operate at law.
29
What is Completion in conveyancing?
The stage in conveyancing after exchange of contracts where the transfer deed is completed and the legal ownership is transferred.
30
What is Constructive Notice in Unregistered Land?
Notice that a purchaser would have discovered if they had made the enquiries that they ought reasonably to have made.
31
What is Continuous User in Prescription?
A criterion for easement acquisition by prescription, requiring reasonably regular use by a freeholder or successive freeholders against a freeholder.
32
What does Conveyance mean?
In the context of LPA 1925, s 62, it means a transfer or lease of land by deed, which automatically includes all easements, rights, and advantages enjoyed with that land unless excluded. More generally, it is the legal process of transferring title.
33
What is Conveyancing?
The term used to describe the legal process of transferring title to a freehold or leasehold estate, typically the sale or purchase of a house or flat.
34
What are Corporeal Hereditaments?
Physical things attached to the land, known as 'fixtures' in practice.
35
What is a Covenant?
A promise relating to land, usually contained in a deed, though a deed is not essential.
36
Who is the Covenantee?
The party that receives the benefit of a covenant and owns the dominant (benefitted) land.
37
Who is the Covenantor?
The party that enters into/grants a covenant and owns the servient (burdened) land.
38
What is the Curtain Principle?
One of the principles of land registration, aiming to hide equitable interests behind the legal title, simplifying transactions. However, this principle has not been fully realised.
39
What does Deducing Title mean?
The process in unregistered land where the seller shows the epitome of title (relevant copy documents) to the buyer.
40
What is a Deed?
A formal legal document required for creating most proprietary rights in land, including transferring legal ownership of an estate. Requirements include being clear it is intended to be a deed, validly executed, and delivered.
41
What does Delivered mean in the context of a Deed?
One of the requirements for a valid deed, meaning the deed is dated.
42
What is a Demise in Lease?
The operative provision in a lease where the landlord grants the lease of the premises to the tenant.
43
What are Disqualifying Factors in Easements?
Factors that can prevent a right from being an easement, even if it satisfies the Re Ellenborough Park tests. These include requiring additional compulsory expenditure by the servient owner, use amounting to exclusive possession, or permission.
44
What is Diversity of Ownership in Easements?
A requirement for an easement to exist; the dominant and servient tenements must be owned or occupied by different people.
45
What is the Doctrine of Notice in Unregistered Land?
The system of determining the enforceability of equitable interests in unregistered land. An equitable interest is binding on everyone except 'equity's darling'.
46
What is the Dominant Tenement?
The land which benefits from the exercise of an easement.
47
What is an Easement?
A proprietary right to use land which belongs to somebody else, but in a more limited way than exclusive occupation.
48
What does Enforceable 'in Personam' mean?
Describes personal rights, which are only enforceable against the person who granted the right.
49
What does Enforceable 'in Rem' mean?
Describes proprietary rights, which are capable of being enforced against third parties (new owners of the burdened land).
50
What is Enforcement in Registered Land?
The process of determining whether a proprietary right over registered land is enforceable against a new owner, governed by the LRA 2002.
51
What is the Epitome of Title?
In unregistered land, a bundle of relevant copy documents relating to the property that the seller shows to the buyer.
52
What are Equitable Interests?
Proprietary rights in land that take effect in equity pursuant to LPA 1925, s 1(3). Examples include restrictive covenants, estate contracts, interests in a trust of land, and easements granted for an uncertain term.
53
What is an Equitable Lease?
A lease that is recognised in equity, either because the formalities for a legal lease were not met but the requirements for a land contract are satisfied (failed legal lease) or because it is for an uncertain term (inherently equitable).
54
What is an Equitable Mortgage?
A mortgage that can arise for reasons such as being granted over an equitable interest or being a defective legal mortgage that meets the requirements of a contract to grant a legal mortgage.
55
What is the Equitable Right to Redeem?
The right of a borrower to repay a mortgage loan at any time after the legal date for redemption has passed, which arose to soften the harshness of the historical contract law.
56
What is the Equity of Redemption?
The name given to the bundle of rights that a borrower has under a mortgage, including the equitable right to redeem, protection from clauses that postpone or prevent redemption, protection from collateral advantages, and protection from unconscionable terms. It also has a financial value ('equity').
57
What is Equity's Darling?
See Bona Fide Purchaser of the Legal Estate for Value Without Notice.
58
What is an Estate Contract?
A contractual right to a legal estate, whether freehold or leasehold, recognised as an equitable interest in land. A valid land contract capable of specific performance is also known as an estate contract. Examples include a contract for the sale of land or a contract to grant a lease.
59
What is Exclusive Possession in Lease?
One of the essential requirements for a lease to exist, meaning the right to exclude all others from the premises, including the landlord.
60
What is Execution in Lease?
The process of the landlord, tenant, and any guarantor signing the lease document according to formal attestation rules.
61
What is Express Acquisition in Easement?
A method of acquiring an easement by complying with the statutory formalities for an express grant or reservation, usually set out in a transfer deed or lease.
62
What is Express Annexation in Covenants?
Occurs when the words used in the covenant are sufficient to make the benefit of the covenant a permanent part of the dominant land from the outset.
63
What is an Express Periodic Tenancy?
A periodic tenancy where there is a written agreement documenting the arrangement.
64
What is Express Release/Modification in Covenants?
A method for discharging or modifying covenants where the dominant owner formally agrees to discharge the covenant, usually by deed.
65
What is an Express Trust in Land?
A trust of land that is created explicitly, requiring the declaration of trust to be evidenced in writing and signed by the declarant(s).
66
What is a Failed Legal Easement (as Equitable)?
A purported legal easement that fails to meet the formalities for a legal easement but may be recognised as an equitable easement if it complies with the requirements for a land contract (in writing, contains all terms, signed by both parties).
67
What is a Fee Simple Absolute in Possession?
The only freehold estate recognised at law, equivalent to absolute ownership of land and lasting indefinitely.
68
What is a Fixed Charge in Tenant Default Notice?
Refers to a charge under a lease, such as rent or service charge, for which a landlord must serve a tenant default notice on former tenants who remain liable before pursuing them.
69
What is a Fixed List?
Parliament has limited the number of rights capable of being proprietary; these rights are on a fixed list. If a right is not on this list (e.g., a licence), it can only be personal.
70
What is a Fixed Term in Certainty of Term?
The usual way to evidence a certain term for a lease, specifying a definite period like 5 years or 1000 years.
71
What are Fixtures?
Items fixed to the land that form part of the land. Their status is determined by two tests: method and degree of annexation and object and purpose of annexation. They automatically pass to the buyer when land is sold unless specifically excluded.
72
What are Formalities?
The rules or procedure that must be observed in order to validly create or transfer a proprietary right. There is often a high degree of formality required due to their powerful nature, and formalities differ depending on the right.
73
What is Forfeiture in Lease?
The right of the landlord to bring a lease to an early end in the event of tenant breach. This right may be granted as a right of entry.
74
What is a Forfeiture Clause?
Also known as a right of entry in a lease, giving the landlord the right to bring the lease to an end in the event of tenant breach.
75
What are the Four Unities in Joint Tenancy?
The requirements for a joint tenancy: unity of possession, unity of interest, unity of time, and unity of title.
76
What is Freehold?
See Fee Simple Absolute in Possession.
77
What are Freehold Covenants?
Promises relating to land made between freehold owners, typically arising when one sells part of their land and wants to restrict the buyer's use of the retained land.
78
What is a Fully Qualified Covenant?
A type of covenant in a lease (user, alterations, or alienation) where the tenant is prohibited from doing something without the landlord's consent.
79
Requirements for a joint tenancy?
Unity of possession, unity of interest, unity of time, and unity of title.
80
What is a Fully Qualified Covenant?
A type of covenant in a lease where the tenant is prohibited from doing something without the landlord's consent, and such consent is required not to be unreasonably withheld.
81
What is a Good Leasehold?
A class of title granted by the Land Registry where they are satisfied with the leaseholder's title but not the freeholder's title.
82
What is a Grant (Easement)?
The creation of an easement for the benefit of land that is being transferred or leased.
83
What is a Hereditament?
Any real property which, on an intestacy before 1926, might have devolved upon an heir. Used in the statutory definition of land.
84
What is Implied Acquisition (Easement)?
Methods by which an easement can be acquired without express creation in a document, such as by necessity, common intention, the rule in Wheeldon v Burrows, or LPA 1925, s 62.
85
What is an Implied Periodic Tenancy?
A periodic tenancy where there is no written agreement, but the certain term arises objectively from circumstances like periodic rent payments.
86
What is Implied Release/Modification (Covenants)?
A method for discharging covenants where the dominant owner does nothing when a covenant is being breached openly.
87
What is an Implied Trust (Land)?
A trust of land that can arise if certain circumstances exist, without any formal declaration. No formalities apply to their creation.
88
What is Imputed Notice (Unregistered Land)?
Notice that a purchaser's agent receives, which is then attributed to the purchaser.
89
What does Incapable of Remedy (Breach) refer to?
Refers to breaches of covenant in a lease that are unlikely to be capable of remedy, such as breach of a covenant against assignment or sub-letting, or immoral/illegal use.
90
What is an Independent Solicitor (Etridge Guidelines)?
In cases where a bank is put on inquiry of undue influence, the bank must write to the party not benefiting from the loan, explaining that confirmation from an independent solicitor is needed.
91
What are Incorporeal Hereditaments?
The benefit of any proprietary rights that the land has but which have no physical substance, such as easements.
92
What are Inherent Equitable Easements?
Easements for an uncertain term that do not fall within the definition of legal easements and can only be equitable.
93
What is the Insurance Principle?
One of the principles of land registration, meaning that if the register is incorrect and someone suffers loss as a result, the state will compensate them.
94
What is Interest in a Trust of Land?
An equitable interest held by the beneficiary(s) of a trust of land.
95
What is Intention to Create Legal Relations (Lease)?
An essential element for a lease to exist. If there is no intention to create legal relations, the agreement will only be a licence.
96
What is Involuntary Alienation (Severance)?
A unilateral act of severance where a joint tenant's share is alienated without their direct volition, such as being declared bankrupt.
97
What is Joint Liability (Lease)?
In a shared lease, if one occupier leaves, the remaining occupier(s) are liable for the whole rent payment, not just an individual share.
98
What is Joint Tenancy (Co-ownership)?
A type of co-ownership where co-owners are seen as a single entity, holding the property together. Requires the four unities, and the right of survivorship applies.
99
What does Judicially Recognised (Easements) mean?
A requirement for a right to 'lie in grant'; the right should be within the general nature of rights traditionally recognised as easements.
100
What is the Land Charges Register?
In unregistered land, a centrally administered register where certain burdens over the land must be registered to be binding on a purchaser.
101
What is a Land Contract?
An agreement for the creation or transfer of an interest in land. To be valid, it must comply with LP(MP)A 1989, s 2.
102
Who is a Landlord?
The party who grants a lease, may also be described as the lessor.
103
What are Landlord Covenants?
Promises made by the landlord in a lease.
104
What is the Land Registry?
A national non-ministerial department in England and Wales that keeps a register recording who owns each piece of land.
105
What is a Lease?
A proprietary right of possession for a certain duration, granted out of a superior estate. Key requirements are certainty of term and exclusive possession.
106
What is the distinction between Lease and Licence?
A lease is a proprietary right with certainty of term and exclusive possession, while a licence is a personal right.
107
What is the Legal Date for Redemption?
Historically, the date specified in a mortgage deed by which the borrower had to repay the loan in full.
108
What are Legal Interests?
Proprietary interests in land that are capable of existing at law, listed in LPA 1925, s 1(2).
109
What is a Legal Lease?
A lease created in compliance with the correct formalities, which depend on the length of the term.
110
What is a Legal Mortgage?
A mortgage that is capable of being a legal interest under LPA 1925, s 1(2)(c).
111
Who is a Legal Mortgagee?
A lender who holds a legal mortgage. They have the power to repossess and sell the land in the event of default.
112
Who is a Lessee?
May also be described as the tenant.
113
Who is a Lessor?
May also be described as the landlord.
114
What is a Licence?
A personal right against the grantor to occupy or use land; it is not an interest in land.
115
What is LPA 1925, s 62 (Implied Easement Method)?
A statutory provision stating that a conveyance of land includes all easements, rights, and advantages enjoyed with that land.
116
What is LRA 2002?
The Land Registration Act 2002, which governs the enforcement of interests over registered land.
117
What is a Material Term (in Contract Variation)?
A term in a land contract that is essential to the nature of the contract.
118
What is Merger (Covenants Discharge)?
A method for discharging a covenant where the dominant and servient land come into the same ownership and occupation.
119
What is the Method and Degree of Annexation (Fixtures Test)?
One of the tests used to determine if an item is a fixture or a chattel.
120
What are Mines and Minerals?
Included in the statutory definition of 'land' in LPA 1925, s 205(1)(ix).
121
What is the Mirror Principle?
One of the principles of land registration, aiming for the register to accurately reflect all matters that benefit and burden a property.
122
What is a Mortgage?
A bundle of proprietary rights granted over property in exchange for a loan of money, serving as security for the loan.
123
Who is a Mortgagee?
The lender in a mortgage arrangement.
124
Who is a Mortgagor?
The borrower in a mortgage arrangement.
125
What is Mutual Agreement (Severance)?
A method of severance of an equitable joint tenancy where all equitable joint tenants agree that one person's interest is severed.
126
What is Mutual Conduct (Severance)?
A method of severance of an equitable joint tenancy where the parties embark on a 'course of dealings' demonstrating they are treating their shares as separate.
127
What is Necessity (Implied Easement)?
A method of implied easement acquisition where the easement's existence is essential for the dominant tenement to be used.
128
What are Negative Easements?
Easements that prevent the servient owner from doing something on their land.
129
What is a New Lease (LTCA 1995)?
A lease granted on or after 1 January 1996, to which certain provisions of the Landlord and Tenant (Covenants) Act 1995 apply.
130
What is Notice (Registered Land - Protection)?
The appropriate way to protect equitable interests in the Charges Register of registered land under LRA 2002, s 32.
131
What is Notice (Unregistered Land)?
A concept under the doctrine of notice in unregistered land.
132
What is Notice in Writing (Severance)?
A method of severance of an equitable joint tenancy under LPA 1925, s 36(2).
133
What is the Object and Purpose of Annexation (Fixtures Test)?
One of the tests used to determine if an item is a fixture or a chattel.
134
What is an Official Copy?
The Land Registry registered title documents for a piece of land.
135
What is an Old Lease (LTCA 1995)?
A lease granted before 1 January 1996, where original tenant liability continues for the term of the lease.
136
What are Options to Purchase (Mortgage)?
Clauses in a mortgage giving the lender the option to buy the mortgaged property.
137
What is Overreaching?
A concept that applies to interests in a trust of land. It operates to move the beneficiary(s)' equitable interest from the land into the money paid by a purchaser or lender.
138
What is an Overriding Interest?
Interests that will bind a purchaser for value of registered land even though they have not been protected by registration.
139
What is an Overriding Lease (LTCA 1995)?
Under the LTCA 1995, a former tenant who remains liable for lease covenants can request that the landlord grant them an overriding lease.
140
What are Parol Leases?
Short leases of three years or less that can be legal even if not created by deed.
141
What is Partial Alienation (Severance)?
A unilateral act of severance where a joint tenant alienates only part of their interest.
142
What is Parting with Possession (Alienation)?
A method for a tenant disposing of their leasehold interest.
143
What is Passing the Benefit (Equity - Covenants)?
Requirements that must be shown for a successor covenantee to enforce a covenant against a successor covenantor in equity.
144
What is Passing the Burden (Equity - Covenants)?
Requirements that must be shown for the burden of a restrictive covenant to pass to a successor covenantor in equity.
145
What is Peaceable Re-entry (Forfeiture)?
A method for a landlord to forfeit a lease in the event of tenant breach by physically re-entering the property.
146
What is a Periodic Term (Certainty of Term)?
A type of certainty of term for a lease, where the tenancy continues indefinitely from period to period.
147
What are Personal Rights?
Rights that are only enforceable 'in personam' and against the person who granted the right.
148
What is Possessory Title?
A class of title that may mean third-party interests created before the date of first registration will bind the property.
149
What is a Positive Covenant?
A covenant that requires the covenantor to take positive action or incur expenditure of money, effort, or time.
150
What are Positive Easements?
Easements that allow the holder to use the servient land in a particular way.
151
What is Postponement of the Right to Redeem?
Clauses in a mortgage that push back the legal date for redemption.
152
What is the Power of Sale (Lender's Right)?
The right of a lender to sell the mortgaged property in the event of default.
153
What is the 'hand in pocket' test?
A covenantor must take positive action or incur expenditure of money, effort, or time.
154
What are Positive Easements?
Easements that allow the holder to use the servient land in a particular way, such as a right of way or drainage.
155
What is Postponement of the Right to Redeem?
Clauses in a mortgage that push back the legal date for redemption. Courts will not allow postponement that prevents redemption altogether.
156
What is the Power of Sale?
The right of a lender (mortgagee) to sell the mortgaged property in the event of borrower default.
157
What are Prescribed Lease Clauses?
A list of clauses that must be included at the front of a registrable lease to speed up registration at the Land Registry.
158
What is Prescription in relation to Easements?
A method of acquiring legal easements through 'long use' (at least 20 years) where no express grant or reservation can be traced.
159
What is Profit a Prendre?
A proprietary right that confers on the holder the right to take something from somebody else's land.
160
What is the Property Register?
One of the three parts of the registered title that contains a description of the land and details of any rights that benefit the land.
161
What are Proprietary Rights?
Powerful rights in land that can be enforced against third parties, granting rights to occupy, use, or restrict use of the burdened land.
162
What is the Proprietorship Register?
One of the three parts of the registered title that contains the name and address of the registered proprietor and details of any restrictions.
163
What is a Purchaser for Money or Money's Worth?
A buyer of a legal estate in unregistered land who pays money for it.
164
What is a Purchaser for Valuable Consideration?
A buyer or lender who provides valuable consideration for the land, taking it subject to registered dispositions and overriding interests.
165
What is a Qualified Covenant?
A type of covenant in a lease where the tenant is prohibited from doing something without the landlord's consent.
166
What is a Qualified Title?
A class of title given by the Land Registry when the title has some specified defect.
167
What are Quasi-easements?
Uses made by landowners over their own land which could become easements if the land were divided.
168
What are the Re Ellenborough Park Tests?
Four essential characteristics a right must satisfy to be capable of being an easement.
169
What is Registered Land?
Land where the details of ownership and rights are recorded at the Land Registry.
170
What are Registrable Dispositions?
Certain transactions concerning registered land that must be completed by registration to operate at law.
171
What is Rent in relation to leases?
Payment is generally not essential for a lease to exist.
172
What is a Rentcharge?
A legal right to receive a periodic sum paid by the owner of the land.
173
What is a Repair Obligation?
A tenant's covenant in a lease to keep the premises in repair.
174
What is Reservation in relation to Easements?
The creation of an easement for the benefit of retained land when part of the land is transferred or leased.
175
What is a Restriction in Registered Land?
A way to protect interests that are not intended to last indefinitely in the Proprietorship register.
176
What is a Restrictive Covenant?
A covenant that restricts the owner of the burdened land from doing something on that land.
177
What is a Resulting Trust?
An implied trust that may arise where a property is bought in one party's name, but another party makes a financial contribution.
178
What is a Right of Entry?
A legal interest in land capable of existing at law, often in a lease or a rentcharge.
179
What is the Right of Survivorship?
Applies to joint tenancies, where the interest of a deceased joint tenant automatically passes to the remaining joint tenant(s).
180
What does it mean for a Right to 'Lie in Grant'?
It means the right must be capable of forming the subject-matter of a deed.
181
What is the Rule in Wheeldon v Burrows?
A method of implied easement acquisition when a landowner sells part of their land.
182
What is Section 14 TOLATA 1996?
Allows anyone with an interest in land subject to a trust of land to apply to the court for an order relating to that land.
183
What is a Section 146 Notice?
A formal notice required by a landlord before forfeiting a lease for breach of covenant.
184
What are the Section 15 TOLATA 1996 Court Factors?
Factors the court must consider when determining an application under s 14 TOLATA 1996.
185
What is Section 36(2) LPA 1925?
The statutory provision that allows an equitable joint tenancy to be severed.
186
What is Security of Tenure?
A right for a tenant to remain in premises at the end of the lease term.
187
What is a Servient Tenement?
The land which is burdened by the exercise of an easement.
188
What is Service Occupancy?
Occupation of premises within an employer/employee relationship that is likely a licence rather than a lease.
189
What are Services in relation to possession?
If a landlord provides services to the occupier, the occupier is likely a lodger and will not have exclusive possession.
190
What is Severance in relation to Joint Tenancy?
The process of converting an equitable interest held as a joint tenancy into an interest held as a tenancy in common.
191
What is a Sham Clause?
A clause inserted into an agreement to defeat exclusive possession that the courts will disregard if it does not reflect reality.
192
What are Sharing Clauses?
Clauses in an agreement where the landlord reserves the right to share the property.
193
What is the Short Lease Exception?
An exception to the requirement for a deed to create a legal lease for leases of three years or less.
194
What is Simultaneous Exchange and Completion?
When exchange of contracts and completion of the deed occur at the same time in conveyancing.
195
What is a Solus Tie?
A typical example of a collateral advantage in commercial mortgages.
196
What is Specific Performance?
An equitable remedy where a court orders a party to a contract to perform their obligations.
197
What is Statutory Annexation?
Annexation of the benefit of a covenant that occurs automatically by operation of law.
198
What is the Statutory Definition of Land?
Includes the surface, buildings, fixtures, mines and minerals, and incorporeal hereditaments.
199
What is a Sublease?
Where a tenant grants a new lease out of their own lease to a third party.
200
What are Substantive Characteristics?
Definitional characteristics that a right must satisfy to potentially have proprietary status.
201
What does Sui Juris mean?
Refers to individuals who are of full age and sound mind, a requirement for holding legal title.
202
What is a Successor Covenantor?
A person who buys or inherits the servient land from the original covenantor.
203
What is a Successor Covenantee?
A person who buys or inherits the dominant land from the original covenantee.
204
What is the Surface in relation to land?
The physical surface of the earth included in the statutory definition of land.
205
Who is a Tenant?
The party who holds a lease, also described as the lessee.
206
What are Tenant Covenants?
Promises made by the tenant in a lease, often prohibitory in nature.
207
What is a Tenant Default Notice?
A notice required under the LTCA 1995 for pursuing a former tenant liable for a fixed charge.
208
What is a Tenancy?
Also described as a lease or leasehold estate.
209
What is Tenancy in Common?
A type of co-ownership where co-owners hold distinct, separate shares in the property.
210
What is a Term of Years Absolute?
The technical name for a leasehold estate.
211
What does Title mean?
Simply means 'ownership'.
212
What is Title Absolute?
The best and most common class of title given by the Land Registry.
213
What is Title Investigation?
The process undertaken by a buyer's solicitor to determine what rights benefit and burden the land.
214
What is TOLATA 1996?
The Act governing trusts of land and allowing parties with an interest to apply to the court for orders.
215
What does Touch and Concern mean in relation to Covenants?
A requirement for the benefit and burden of a covenant to pass in equity.
216
What is Total Alienation?
A unilateral act of severance where a joint tenant alienates their entire interest in the land.
217
What is a Transaction Which Requires Explanation?
In undue influence cases, this refers to a transaction that does not fit with what would usually be expected.
218
What is a Trust of Land?
Automatically imposed on co-owned land, separating legal and equitable titles.
219
Who are Trustees?
The person(s) who hold the legal title in a trust of land.
220
What is an Underlease?
A new lease granted by a tenant out of their own lease.
221
What is Undue Influence?
Occurs when consent to a transaction is produced in a way that it ought not be treated as an expression of free will.
222
What is a Unilateral Act in relation to Severance?
A method of severance of an equitable joint tenancy that does not require the knowledge or consent of other joint tenants.
223
What is Unity of Interest?
All co-owners must hold an interest in land of the same nature and duration.
224
What is Unity of Possession?
A feature of co-owned land where all co-owners are simultaneously entitled to possession of the whole land.
225
What is Unity of Time?
The interest of each co-owner must vest at the same time.
226
What is Unity of Title?
All co-owners must acquire their title from the same document.
227
What is Unregistered Land?
Land where ownership is proved by examining a chain of historical title deeds.
228
What are Unconscionable Terms in a Mortgage?
Terms in a mortgage deed that are oppressive and can be struck down by the courts.
229
What is the Unity of Title in Co-ownership?
All co-owners must acquire their title from the same document.
230
What is Unregistered Land?
Land where ownership is proved by examining a chain of historical title deeds held by the right holder, rather than being recorded on a central register.
## Footnote
The doctrine of notice applies to equitable interests in unregistered land.
231
What are Unconscionable Terms in a Mortgage?
Terms in a mortgage deed that are oppressive and unconscionable. Courts have equitable jurisdiction to strike these out if imposed in a 'morally reprehensible' manner, going beyond simply being unfair or unreasonable.
232
What is the Upper Tribunal (Land Chamber)?
A tribunal that can discharge or modify covenants under LPA 1925, s 84.
233
What are User Covenants?
Covenants in a lease relating to what the tenant can use the premises for.
234
What is Valid Execution for a Deed?
One of the requirements for a valid deed, typically meaning signed by the grantor in the presence of a witness who also signs (attests).
235
Who is a Volunteer in Unregistered Land?
A person who receives land without paying for it (e.g., as a gift). In unregistered land, a volunteer is always bound by equitable interests, regardless of whether they are protected by a Land Charge.
236
What is Waiver or Postponement of Rights?
An agreement, often required by mortgagees, to ensure the rights of occupants or others with interests in the mortgaged property are postponed to the mortgagee's interests, facilitating possession in case of default.
