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Flashcards in Property Law Second Term Deck (339):
1

What sections of the LT(C)A allow a tenant and landlord to be released from covenants?

S.5 (tenant) and s.6 and s.8 (landlord)

1

What section of LRA shows a legal charge for value is taken free of any interest not overriding or registered?

S.30 LRA

1

Wall v Collins

E is at least as long as the original lease if A obtains fee simple from leasehold

2

When is forfeiture available after leasehold covenant breach?

Supposedly available for all

2

Consumer Credit Act 1974 regulates what?

Some mortgages

2

In what case did the court make it clear they would not overturn a century of orthodoxy and all the burden of positive covenants to run?

Rhone v Stephens

3

What case confirmed the validity of periodic tenancies as a certain term?

Prudential

3

What case made it clear that C's rights are only to discharge D's obligations in mortgages?

Bristol Airport v Powdrill

3

What are the acquisition requirements for a charge by way of legal mortgage?

S.27(2)(f) LRA and s.52 LPA with s.1 LP(MP)A

3

Samuel v Jarrah Timber

Provision in mortgage contract for purchase is void

3

TSB v Camfield

If no proper advice given, despite solicitor's certificate, mortgagee would be liable

3

How can you abolish a covenant?

Through s.84 LPA

4

Burgess v Rawnsley

Misunderstanding; mutual agreement

4

Coatsworth v Johnson

Need specific performance for equitable lease

4

Budd-Scott v Daniel

LC for quiet enjoyment always arises

4

What is an action for damages available for in leasehold covenants?

Everything except rent

4

Horsham Properties v Clark

Rejected possibility of unjustified interference with property rights through s.87(1) under Art. 1 Protocol 1

4

In what case did Lord B-W highlight that C obtains rights 'in order to enforce the discharge of D's obligations'?

Bristol Airport v Powdrill

5

why have certain attempts to use s.79 LPA failed for burden of negative FCs?

Burden does not run if the covenant is personal

6

Why is foreclosure essentially obsolete?

Court order needed, and court will usually order sale under s.91 LPA

6

What are mortgage terms subject to?

UTCCR: 'plain and intelligible', and if not then contra proferentum through Reg.7

6

Why would the outcome of London County Council v Allen be different now?

Local authorities can enforce covenants without dominant land, granted by statute

7

What judge in Stack preferred resulting trust?

Lord Neuberger

7

What is the argument about s.79(1) LPA and positive FC burden?

Doesn't exclude burden of positive covenants being annexed

8

What section of TLATA notes co-owners can't exclude each other?

S.13

8

Bruton v London and Quadrant

Nemo dat; 'contract of tenancy'

8

Errington v Errington & Woods

Mortgage payments (to uncle, who then died, beginning performance etc)

8

What is forfeiture controlled by?

Commonhold and Leasehold Reform Act 2002

8

What case shows a creditor has a basic right to possession?

Four Maid Ltd v Dudley Marshall

8

Who highlighted that Federated Homes' interpretation of s.78 LPA is not at odds with s.79?

Snape

9

Why was the intention in Harris v Goddard not immediate?

Applying for divorce so asking for court order etc.

9

What are the two requirements to prove CT for sole legal ownership?

Agreement/arrangement/understanding AND detrimental reliance by B

9

Yaxley v Gotts

Lease through PE

10

Antoniades v Villiers

Multiple documents are one if for the 'wrong reason': unity of title

11

London County Council v Allen on requirement 3 of burden negative FCs

Need land adjacent to ST such that enforcing will benefit DT

12

S.79(1) LPA

Burden of negative covenants deemed to run without contrary intention

13

Mortgage Corp v Shaire

Changed law; courts not constrained by presumption of sale (s.15 TLATA)

14

What are the two tenant covenants?

No waste and 'tenant-like manner'

14

What case shows a limitation of s.36 AJA?

Ropaigealach v Barclays Bank

15

What did Walker and Hale say in Stack about resulting trusts?

Not for family home as the law has moved on

16

Aspden v Elvy

Habitable work

17

How many JTs max can there be at law?

Four (s.34(2) LPA)

17

DNH Food v LB of Tower Hamlets

Denning tried to argue if B has a CL against A, he also has a CT straight away, and thus C is bound

17

Silven Properties v Royal BoS

No obligation to improve property for sale

18

Four Maid v Dudley Marshall

'Mortgagee may go into possession before the ink is dry' (Harman J)

20

In what case did Hale later say there is no presumption of equity follows the law?

Jones v Kernott

20

when is the only time a debtor can assert their equity of redemption against the mortgagee?

when they sell without power of sale (s.52 LRA only arises under s.101 LPA)

21

Who said imputed common intention should not be used for acquisition?

Wilson in Jones v Kernott

21

What are the three methods of transmitting the benefit of a covenant?

Assignment, annexation and building schemes

22

According to Street, what are the essential characteristics of a lease?

Exclusive possession of land for a term at a rent

22

Birmingham v Ross on LC2

Can't take away means of enjoying that which has been given

23

What does s.51 LRA do?

Once registered, a mortgage charge takes effect as a charge by deed by way of legal mortgage, regardless of if it was made by payment of money or by deed

24

What are the restrictions on action for arrears of rent?

6 years rent (s.17 limitation act 1980)

25

To ensure the benefit of a FC always transmits, what might you need and according to what case?

Chain of assignment, Re Pinewood Estates

27

Re Aldred

'Good view'

28

Quennell v Maltby

Remove tenants; can only seek possession 'bona fide and reasonably'

29

What are the three methods of transmitting the burden of a positive FC?

Contractual, estate rent charges or mutual benefit and burden

30

Who described 'family home' as 'domestic' context in Stack?

Hale

30

What two cases conflict on the appropriate steps for undue influence in regard to independent advice?

TSB v Camfield; Midland Bank v Kidwai

30

What does Elwood v Goodman say about mutual benefit and burden and protection?

No need to register them - no do not create an estate/interest

31

Santley v Wilde

Collateral advantages allowed to mortgage is reasonable and not a fetter on redemption

32

Mikeover v Brady

Separate duties to pay rent can remove unity of interest

32

What is the effect on the LPA of Report No.327

If imposed, would need to amend s.1 LPA to make land obligations (positive and negative burden and benefit FC) legal interests.

33

Winter Garden v Millennium Productions

Reasonable notice; B is not immediately a trespasser

33

What are the two privity principles in leasehold covenants?

Privity of contract and of estate

34

Clough Mill v Martin

Retention of title; not a security right as not a new right

35

Who described 'family home' as 'matrimonial or quasi-matrimonial' in Stack?

Walker

35

Distress and commercial rent arrears

Ancient feudal remedy

36

London Diocesan v Phithwa

Head lease

37

Cuckmere Brick v Mutual Finance

Can act in self-interest for sale but need to take obvious steps

39

In which case did Denning try to turn a contractual licence into an equitable property right?

Errington v Errington & Woods

40

Hill v Tupper

Canal; E must benefit DT

40

Who highlighted identifying land to be benefitted for the purposes of s.78 LPA can be problematic?

Howell

42

Who said Street can be explained through a doctrinal perspective?

if there is no certain term, A's property right is meaningless

44

How are proceeds applied after a power of sale?

To meet sale costs, then to discharge amount owed, then balance remaining is paid to other mortgages/borrower

46

Antoniades v Villiers

Couple; permitting others

47

What is the problem with an ambulatory trust?

Usually need an 'act' to sever; is this a new method of severance?

48

What case shows a 'type' of right that does not need to be registered, but still functions as a type of mortgage

Retention of title in Clough Mill v Martin

49

Barrett v Morgan

If lease ends by surrender to owner of fee simple, easement survives

50

How can a trust be expressly created?

S.53(2) LPA

51

First National Security v Hegerty

Voluntary disposition of temporal alienation may still sever

51

What section of the LPA gives a definition of rent?

S.205(1)(xxvii)

52

What were the two problems pre-1996?

Continuing contractual liability and touch and concern

52

What are the requirements for an easement?

DT and ST both identifiable, which differ in ownership and occupation. The E must 'accommodate' the DT and right must be capable of forming the subject matter of a grant

53

Aslan v Murphy

Times in which they don't have EP

53

What if the servient land of the negative covenant is unregistered (for registration)?

Use a Class D(iii) Land Charge

54

Why is the 2nd requirement of mutual benefit and burden doubted?

In Halsall, no choice about sea wall

55

From what case do the three ways of quantification come?

Stack v Dowden

56

Ree v Lisle

Allow purchase of estate if wholly separate to mortgage

57

Reid v Bickerstaff on building schemes and benefit of FCs

need a defined area of land and an intention that covenants are for the common benefit of all

59

What section of the LPA notes a lease is a legal estate?

S.1

60

What statute applies to taking possession?

Administration of Justice Act 1970, s.36

60

What case shows s.36 AJA applies even if dwelling is not D's home and only part of the property?

BoS v Miller

61

What does s.36 AJA allow?

Court to adjourn proceedings or grant a suspended possession order

62

CLBS v Flegg

Legal charge for value overreaches if capital sum paid to 2 trustees

63

Verrall v Great Yarmouth

Court will protect licence against breach by A even if B has not begun to use land

64

Who gave the essential characteristics of a lease?

Lord Templeman in Street v Mountford

64

What are the three refinements on Street?

Licence if there are 2 or more occupiers without 4 unities, more power for public sector than private and 'contractual lease' through Bruton and Kay

64

S.99 LPA powers of mortgagor

Lease property

65

Saunders v Vautier

Sole beneficiary of full age and capacity can insist on legal title

65

Why was there no PE outcome in Coombes?

No detriment

65

Palk v Mortgage Services on s.91 order of sale

Maybe even if mortgagee seeks possession and proceeds will not pay off mortgage

66

What case shows that knowledge of impropriety under s.104 LPA does not include selling at a mere undervalue?

Corbett v Halifax BS

66

Why are there registration issues if DT is dominant land?

requires manually moving E on leasehold to freehold with a time limit

67

What happens if FCA sourcebook rules are not followed for mortgages?

Revoke licence

69

White v White

Welfare of minors considered under s.15 TLATA

69

What does the case of Eves v Eves suggest about actual common intention?

May apply even when promise was not genuine

69

Re Dolphins Conveyance (building schemes, benefit of FCs)

Only need an understanding of wider community interest

70

How does one create an equitable lease?

Either failed to register or contract without deed

71

Newton Abbot v Williamson

Devonia ironmongers

72

London County Council v Allen

Roadway

73

Southwark LBC v Mills on LC 1

Lawful possession will not be interfered with, not condition of premises

74

Ropaigealach v Barclays Bank

Vacant possession so no court order needed and no s.36

75

Re North East Property Buyers' Litigation

Argue right arose before any others when used to purchase a house (s.28 LRA)

76

First penthouse v Channel Hotels

Need intent to be annexed to tenancy or reversion for term to bind successor

76

How could a vendor use LRA to ensure burden of positive covenants passes upon salle?

S.40 LRA restriction to require purchaser to enter into a positive covenant as part of the purchase

77

What section shows the application of proceeds from a sale with a mortgage?

S.105

79

K/S Victoria v House of Fraser

Can create chain of indemnity through AGA

79

Multiservice Bookbinding v Marden, Lord B-W

'shock the conscience of the court'

80

Polo Woods v Shalton-Agar

Easement, to 'accomodate', does not have to be needed, just connected and with utility

81

What is required for registered land with an equitable lease?

Notice to protect the lease

82

What section gives implied powers into a mortgage made by deed?

S.101 LPA

84

What does the case of Aspen v Elvy suggest about inferring an agreement as to CT for sole legal ownership?

Not limited to purchase price contributions as suggested by Bridge in Rosset

85

How can a charge by way of legal mortgage be registered?

S.23 and s.51 LRA

86

In what case was there suggested to be such a thing as an 'ambulatory trust'?

Hale, Stack

87

Who in Oxley v Hiscock said there is overlap between CT and PE?

Lord Bridge

88

Jaggard v Sawyer on burden relating to land

Using land as a garden

90

What is the legal maxim which bases all mortgage security?

'Once a mortgage, always a mortgage'

92

Why does the decision in Berrisford not overrule Prudential?

Uncertain term still void for companies

92

Why is there no freehold title in flats?

Burden of positive FC can't be implied further than original owner

93

Who showed there is a reluctance to develop new easements?

Phipps v Pears

94

What section shows mortgagee has a basic right to possession?

s.87 LRA

94

How can a positive covenant be protected?

Entry of notice (s.32 and s.33 LRA)

95

What case shows how s.36 AJA may never come to be considered in an order for possession?

Ropaigealach v Barclays Bank

96

'No clogs or fetters' on EoR

Jones v Morgans

97

In what case did Denning creatively impose a contractual licence?

Tanner v Tanner

99

Swift 1st v Colin

Power under s.101 with a deed but no registration

101

What does the CCA 1974 allow courts to do?

grant a time order to extend lender's enforcement of right to possession and amend/vary mortgage terms

102

What section of the LPA, before LRA, gave two ways to make a legal mortgage?

S.85

103

What are the two ways a covenant can be implied into a lease?

Implied in fact (Moorcock, Shirlaw, A-G of Belize) or in law as a feature of all (Shell v Lostock; Liverpool CC)

103

Silven Properties v RBC

Self-interest, even if conflicts with mortgagor, for appointment of a receiver

105

Provincial bank v Ainsworth

Personal right; not equitable interest

106

Why did the four individuals in AGS v Vaughan not have a lease?

No exclusive possession nor joint lease

107

What section of the LT(C)A ensures anti-avoidance procedures do not work?

S.25

109

If TO wants to enforce obligation against TA4, what procedures and rights come from it?

Problem notice in s.17 and allow overriding lease under s.18

110

Tulk v Moxhay

Burden can transmit to successors of an ST, Leicester square

111

What were the two legal mortgages prior to LRA?

Long lease and charge by deed

112

Dawson v Dyer

Individual obligation of LC1 without precondition

113

What section of LPA protects the purchaser even when creditor has breached equitable duties?

S.104

115

What three circumstances were given in Facchini v Bryson for when exclusive possession would not equal a lease?

No intention to create one, no power to grant a tenancy and agreement to occupy arises from other legal relationship

117

Sole beneficiary of full age and capacity can insist on legal title

Saunders v Vautier

118

What else is needed for equitable lease under s.2 other than Chatsworth v Johnson --> SP?

Damages inadequate, clean hands and valuable consideration by person enforcing it

119

Injunction and specific performance for leasehold covenants?

Against certain breaches, and SP only exceptionally

119

Re Ellenborough on certain

'jus spatiendi'

121

BoS v Miller

S.36 AJA applies even if the dwelling is not D's home and only part of the property

122

Machester CC v Pinnock

Personal circumstances increasing effect of eviction may be considered exceptionally

124

What part of LPA gives rules of a notice?

S.196

126

What section of TLATA states there can only be a JT at law?

S.36(2)

126

What are the powers of a mortgagor?

Redemption, lease property, claim possession and apply for an order of sale

128

What case shows a receiver can act in self-interest even if this conflicts with the mortgagor?

Silven Properties v RBC

129

Westminster CC v Basson

Public duty and statutory housing

131

Evidence of detriment gives presumption of reliance for CT of sole legal ownership

Greasley v Cooke

133

Why did McFarlane, Nield and Hopkins criticise Berrisford?

CL rule creates a terminable life estate no longer legal under LPA and simpler just to remove rule

134

In what report did the Law Com propose the introduction of 'land obligations' instead of positive/negative covenants

No.327

136

Halsall v Brizell

Estate shared facilities

137

What does s.3 HRA require of s.87(1) LRA basic right to possession?

Interpreted in a human rights compatible manner

139

What is the problem with Hale saying we can impute intention for acquisition?

Allows CT to arise without any agreement at all

140

How were CT and PE distinguished in Rosset?

CT requires discussion before purchase

142

What case shows that s.36 may occasionally consider personal circumstances increasing effect of eviction?

Manchester CC v Pinnock

143

Fitzrikston LLP v Panayi

Reasonable market rent for s.54(2) LPA exception

144

What was the breach of contract found in King v David Allan?

Disabled himself from giving effect to the licence

145

Laskar v Laskar

Daughter, mother, investment

147

Since when and what case has there been a rapid development of family homes trusts?

Stack v Dowden, 2007

148

Who is an example of someone who thought recreation could not 'accommodate' the DT?

Theobald "The Law of Land"

149

Why is a licence not a property right?

No covered in s.1 or s.4 LPA

150

What is the way mortgages are usually adopted?

Charge by way of legal mortgage through s.23 and s.51 LRA

151

Barton v Camden

New periodic tenancy if JT stays on and L accepts rent

152

If a lease is over 7 years, what else is needed in addition to a deed?

Registration under s.27(2) for registered land or s.4(1) for unregistered

153

What Law Com report suggested abolition of foreclosure for land?

No. 204

154

Telephone shares; right is for security, so can't insist on it even if delayed

Cukurova Finance v Alfa Telecom

156

What would have been the outcome if Stack had applied in Laskar?

Presumption would have been rebutted of equitable following legal interests

157

Federated Homes v Mill Lodge on s.78(1) LPA

Annexes all positive and negative benefits of FC

158

Where are AGAs covered under LT(C)A?

S.16

159

Greasley v Cooke

Evidence of detriment gives presumption of reliance

160

Newton Abbot v Wiliamson on requirement 1 of burden of negative FCs

Not use premises as ironmongers

161

When will courts not enforce a contractual licence and A's duty not to exclude B?

When inappropriate (arguing), so damages

162

How can a creditor appoint a receiver?

Express power in agreement or through s.101 LPA

164

What is required for an action for damages in leasehold covenants if the lease if for more than 7 years with at last 3 left?

A notice (Leasehold Property (Repairs) Act 1938)

166

Smith v Marrable

Furnished premises must be fit for habitations

167

What Report of the LC recommended the obligation not to commit waste be replaced by implied covenant to 'take proper care'?

Report no.238

168

Why was an injunction not given in Jaggard?

Too oppressive

169

Jones v Morgans

'No clogs or fetters' on EoR

170

Midland Bank v Kidwai

No liability for undue influence if C ignored advice

172

What section of the LPA allows a mortgage of land to be made by mortgage or long lease?

S.85(1) and s.87

173

What were the exceptional circumstances Templeman gave in Street when exclusive possession would not equal a lease?

No intention to create legal relations (e.g. family: Jones v Padavatton, Danckwerts LJ) or employment contract

174

Kay v London Borough of Lambeth (Scott)

'Non-estate tenancy' of Bruton

176

Anneveld v Robinson

Secured creditors' interests: large mortgage. S.15 TLATA

177

Who went even further in Oxley and said 'no difference in outcome' between CT and PE?

Chadwick LJ

177

What case shows a power of sale and good faith means to discharge the debt?

Downsview Nominees v First City Corp

179

BHP Petroleum v Chesterfield

Core term can be expressed to be personal

180

Newton Abbot v Williamson on requirement 3 burden negative GC

Upjohn thought no compete clause benefits owner and land - need to affect 'either the value... or the method of its occupation'

182

Laskar v Laskar on family home

Stack has no application to property for investment

183

What did Hale say obiter in Stack?

Express/inferred/imputed applied to both quantification and acquisition

185

Rodway v Landy

Doctors; surgery

186

Why was it decided there was a CT for widow in Binions v Evans?

Purchaser took the land subject to her right; lower price etc, so gained new property right against purchaser

187

Where do the requirements for an easement come from?

Lord Evershed MR in Re Ellenborough Park

188

What is a possible contractual solution to the timing issue for benefits of FCs in building schemes?

S.56(1) LPA (need a deed) and s.1 C(RoTP)A

190

What case suggests a temporary act on a tenants share may amount to severance?

First National Security v Hegerty

190

How can the benefit of an FC be annexed expressly?

Seller says at some point the benefit is to run with the land

191

Morrells Oxford v Oxford United requirement 2 burden negative FCs

'Rebuttable presumption' that covenants are intended to run

192

Collateral advantages allowed to mortgage is reasonable and not a fetter on redemption

Santley v Wilde

193

Tanner v Tanner

Twins; children

194

Berrisford v Mexfield

Housing cooperative

195

What is an equity of redemption?

Equitable property rights of value of land, less amount owed

197

Bostock v Bryant

Fluctuating utility bill too uncertain for rent

199

Wood v UK

ECtHR accepted s.87(1) is proportionate so no Art.1 or 8

200

Palk v Mortgage Services

sit on property; bank cannot act at mortgagor's expenses

201

Warren v Keen on TC1

'Little jobs... which a reasonable tenant would do'

203

Why did the government reject the TR1 form being compulsory?

Goes against their anti-regulatory agenda.

203

When is rent sometimes needed for a lease?

Statutory protection

204

Hammond and Fulham v Monk

Only one JT need give notice under a periodic tenancy

205

William Old International v Arya

No positive burden on ST owner (easements)

206

Bristol & West BS v Ellis

If there is only a small gap between what is owed and value of security, possession is likely to be given and application of future sale rejected (under s.36 AJA)

206

What was it suggested is not sufficiently certain to form the subject matter of a grant of E?

Re Ellenborough - no 'jus spatiendi'; Re Aldred - 'good view'

208

Good Harvest v Centaur

Obligation requiring existing guarantor to guarantee obligations of TA is void

209

What section of the LRA shows the two ways to make a legal mortgage of registered land?

S.23(1)

211

What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?

Sch.14 s.145 LPA

212

What case showed that courts will only exceptionally require the creditor to permit the debtor to retain possession?

Cheltenham & Gloucester v Booker

213

Jones v Kernott on family home

No presumption of RT from unequal shares in deposit if romantic relationship

215

What is the remedy for covenants are personal contactual obligations?

Can be enforced at law OR equity (claim in damages)

216

What did Hale say instead in Jones about presumption of JT in law being JT in equity?

It will be presumed when there is an 'emotional and economical commitment to a joint enterprise'

217

What are the three Landlord covenants?

Quiet enjoyment, no derogation from grant and fitness for human habitation

218

How can the difficulties of freehold covenants be avoided?

s.16 Commonhold and Leasehold Reform Act 2002

219

From what case is the proportionality test that should be applied to s.87(1) LRA by virtue of s.3 HRA?

De Freitas v Permanent Secretary

220

Oxley v Hiscock

CT and PE

221

Wilkinson v Kerdene

Holiday cottage

222

Federated Home v Mill Lodge on requirement 1 of burden of negative FCs

Not build more than X houses

223

What leases automatically override without registration?

Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)

224

Re King

Assignor used to lose right to sue for breach prior to assignment

225

What does Halsall v Brizell say about mutual benefit and burden?

You can receive the benefit if you take on the burden of the positive covenant

227

What two cases conflict on the nature of a lease/licence and rights of action?

Hunter v Canary Wharf; Manchester Airport v Hutton

228

What two radical reforms did the Law Com propose in "Trusts of Land", criticised by McFarlane?

Limit severance to statutory method and enable severance by will.

229

Who said Street can only be justified (on a term certain) through a utility perspective?

Hill

231

What case shows collateral advantages may be allowed to continue past redemption if they don't attach to the land?

Kregliner v New Patagonia Meat Co

232

Who said a 'chance was missed... to establish the 1995 Act as a self-contained scheme', and is another 'example of piecemeal intervention'?

Dixon

233

How did Wilkinson v Kerdene stretch requirement 1 of mutual benefit and burden?

stretched conditionality so you only need to receive part of the benefit to be liable for entire burden

235

Warren v Keen on TC2

'Tenant-like mannner'

236

What does Law Com No.204 suggest about taking possession?

Statute should recognise creditor can only take possession with a court order

237

Prudential Assurance v London Residuary

Road widening; void lease

238

What two judges in Stuck argued for a constructive trust for family homes?

Walker and hale

239

Binions v Evans

Constructive trust for widow

241

What case shows the normal law of frustration applies to leases?

National Carriers v Panalpina

242

Why was it decided in London Diocesan that the head leasor was not liable after assignment?

Created own exit route; s.25, 6 and 8 not meant to override any decided exit route

243

What is the problem with foreclosure?

Contracts basic rule that right is only to secure performance

244

What are the three requirements for the burden of a negative FC to run?

Relates to land, intended to run, dominant land capable of benefitting and negative covenant

246

In what case and by who were the two requirements to prove CT for sole legal ownership given?

Lloyds Bank v Rosset by Lord Bridge

248

What is an equitable right to redeem?

Right to pay after legal date of redemption

249

Thames mead Town v Allotey requirements for mutual benefit and burden

Benefit is conditional on performing burden and you have a choice about whether to accept

251

What section covers the court's discretion to order a sale for mortgages?

S.91 LPA

252

What two cases show the issue of a 'scintilla temporis' in priorities of a mortgage?

Abbey National v Cann; Re North East Property Buyers' Litigation

253

Abbey National v Cann

Unencumbered fee simple

254

What shows a reluctance to abandon touch and concern in First Penthouse?

Said expressed to be personal or by substance it is

256

What case gave the requirements for mutual benefit and burden?

Thames mead Town v Allotey

257

Downsview Nominees v First City Corp

Exercise power of sale in good faith (i.e. to discharge the debt)

258

What appears to diminish s.8 AJA somewhat?

'Reasonable period' in s.8(2) appears to show the courts having regard to the whole mortgage and whether D will pay everything owed by the end

259

What is an action for damages limited by in leasehold covenants?

Amount L's interest has been diminished

260

What is required for an equitable lease?

A contract for the purposes of s.2

262

What two cases show a bank must take reasonable care to achieve a reasonable price?

Silven Properties v RBS; Cuckmere Brick v Mutual Finance

263

What case shows powers under s.101 LPA arise even without registration?

Swift 1st v Colin

265

How are trusts implied?

Resulting or constructive

266

What did Dixon say of s.15 TLATA?

'Indications of a general approach' and is an 'aid to the exercise of discretion' in determining intention

267

Cres Nicholson Residential v McAllister

Deed must describe land so it would be easily ascertainable for s.78(1)

268

Who said that requiring a JT for a lease cannot be justified doctrinally?

Sparkes

269

Unencumbered fee simple

Abbey National v Cann; Re North East Property Buyers' Litigation

270

Coombes v Smith

Affair, children

271

Where does the 'touch and concern' requirement come from?

Spencer's Case

272

Hunter v Canary Wharf

Tort of nuisance needs property right (i.e. not a licence)

273

Where is the meaning of 'sums due' for s.36 AJA?

S.8

274

Cukurova Finance v Alfa Telecom

Telephone shares; right is for security, so can't insist on it even if delayed

275

Re Palmer

Involuntary acts give notice from declaration of bankrupty

277

What is needed for a lease that doesn't satisfy s.54(2)?

A deed

278

What LC Report prompted LT(C)A?

Report No.174

279

Southwark LBC v Mills on LC2

Little difference between LC1 and LC2

280

Jaggard v Sawyer

Cul-de-sac covenant for garden

282

What does Jaggard v Sawyer give as the default remedy for freehold covenants?

Injunction

283

Kregliner v New Patagonia Meat Co

May allow advantages to continue past redemption if don't attach to land

284

What case can be contrasted with Newton Abbot to highlight the difference between easements and FCs?

Hill v Tupper --> only benefitted business, not land

285

What is required for unregistered land with an equitable lease?

Registration or will not bind

286

Reid v Bickerstaff on duties for benefit of FCs

Not required that all owners are subject to the same duties

287

Duke v Wynne

Insert others

288

King v David Allan

Cinema wall

289

What is s.101 LPA regulated by?

S.103 LPA

290

Harris v Goddard

Need immediate intention to sever

291

When does s.36 AJA apply?

Period to make payments over, dwelling part of the property and even if not D's home and requires bank to have gone to court

292

Hussein v Mehlman

Lease is no different to contract; can accept repudiatory BoC

293

What case shows that the courts will see multiple documents as one for unity of title?

Antoniades v Villiers

294

Eves v Eves

'This will always be your home'

296

What are the four unities of coownership?

Unity of title, time, possession and interest

297

How can a covenant be created?

Signed writing (s.53(1) LPA) and signed contract (s.2LP(MP)A) or proprietary estoppel

298

Walsh v Lonsdale on equitable leases

Beats periodic tenancy

299

What sections of the LPA cover foreclosure?

S.88(2) and s.89(2) LPA

300

What section of LT(C)A solves 'touch and concern' issue?

S.3, expressed to be personal

301

Why did Denning's citation of Bannister (brother in law, rent free) and Binions in DNH not work?

The CTs in those cases arose later as a result of a later promise by the successor

302

Thompson v Park

School

303

Roake v Chadham

Cannot be excluded because allowance for contrary intention in s.79

304

What case shows that notice of severance is given upon declaration of bankruptcy?

Re Palmer

305

Kinch v Bullard

Need not see notice of severance, just delivered

306

What did the court in Prudential comment about the requirement of a term certain?

'Ancient and technical RoL'

307

What did Smith say about JT?

Abolition unlikely to help; TC still requires updating of will

308

What did Pascoe say about s.12 TLATA?

Consistent with method of the trust emphasising use rather than investment value of land

309

What are the three ways to consider quantification for sole and joint legal ownership?

Actual, inferred and imputed common intention

310

What is the statutory method of annexation for the benefit of an FC?

S.78(1) LPA

311

Goodman v Gallant

'Conclusive' declaration of an express trust

312

What section shows a receiver is an 'agent' of the mortgage?

S.109 LPA

314

What did the Law Commission suggest about a TR1 form?

Should be compulsory

315

Cheltenham & Gloucester v Booker

Courts appear to take into account the whole mortgage when deciding 'reasonable period' for s.8 AJA

316

Corbett v Halifax BS

S.104 does not include mere undervalue

317

what is the contractual method for transmitting burden of positive FC?

Chain of indemnity through a contract

318

Why was Coombes a PE case?

D already owned the house

319

What is it called when one JT kills another and is no longer able to claim their full share?

Forfeiture

320

What case shows all four unities are needed for a JT and a lease?

AGS v Vaughan; Antoniades v Villiers

321

Who suggested a 'tenancy by estoppel' could have been used in Berrisford?

Routley

322

Name three sources of regulation for mortgages

FCA Sourcebook on Mortgage and Home Finance; Financial Services and Market Act 2000; CCA 1974

323

Re Ellenborough Park on 'accomodate'

Geographical part to test, and recreation productive and beneficial

324

What were the two steps taken in Berrisford?

Common law rule that uncertain term = lease for life terminable on uncertain event. Then s.149(6) LPA made it a 90 year lease terminable on death/event

325

Why were the court persuaded to grant s.91 LPA in Palk v Mortgage Services?

debtor in negative equity and bank's actions 'unfairly prejudices' them

327

Chartered Trust v Davies

L can breach LC2 by failing to prevent nuisance of other tenants that makes premises materially less fit for purpose

328

What four things protect the equity of redemption?

Rule against irredeemability, mortgagee attempts to purchase are void, unfettered redemption and unconscionable terms/unreasonable interest rates

329

Manchester Airport v Hutton

Trees; no distinction between occupation and possession, allowing licence to = action against protestors

330

Who said that rebutting 'equity follows the law' is not a 'task to be lightly embarked upon'?

Hale, Stack

331

What do Rosset and Stack suggest about the dual role of a purchase price?

Can be used to prove intention and detriment for CT under sole legal ownership

332

S.91 LPA powers of mortgagor

Redemption, order of sale

333

AG Securities v Vaughan

Together licence

334

How did leasehold estate mortgages differ from freehold prior to LRA?

Long lease under s.85 LPA would be for 10 days less than borrower's own lease usually

335

When is there a more expansive notion of 'family home' than in constructive trusts?

Proprietary estoppel.

336

What does the FSMA 2000 regulate?

First legal mortgages secured against individual borrower's home

337

S.98 powers of mortgagor

Claim possession

338

In what case did Lord Kerr call imputed common intention 'fiction'

Jones

339

Ashburn Anstalt v Arnold

CoA rejected that CL gives rise to CT, a proprietary right that can bind successors