Questions and doubts

Question 1

no t treated as registrable dispositions for the purpose of section 29

Answer 1

• Implied legal easements
• Equitable rights
• Doctrine of anticipation: equitable freehold, equitable lease, equitable easement, equitable charge
• Beneficiaries’ rights under trusts
• Covenants

Question 2

where is valuable consideration defined

Answer 2

s 132 LRA 2002
and s 205 for overreaching purposes

Question 3

Some registrable dispositions automatically have a notice entered (per section 38 of the LRA)

Answer 3

legal lease lasting more than 7 years, legal lease starting more than 3 months in future, express legal easement (s 38 LRA)

Question 4

in respect of which rights can’t you enter a notice on the register?

Answer 4

see section 33

Question 5

explain the relationship between section 28 and section 29 LRA

Question 6

you see plannnig permission - what do you think about?

Answer 6

• the planning permission requirements
• the silven case in the context of the power of sale = there is nn duty to improve the property or to sell at the best price (only need to obtain a fair price) + Confirmed that mortgagee has no duty at any time to exercise power to sale - owes no duty to borrower. Can sell when he likes. Timing of the sale is whenever lender wants. No need to seek to increase value, just need to sell.

Question 7

under which section can the lender sue the borrower for imprope exercise of the power of sale?

Answer 7

the borrower can sue for damages under s 104 LPA 1925

Question 8

what if the FCA finds a violation of the MCOB 11?

Answer 8

• FCA fines
• withdraw ability to lend
• criminal charge s 23
• contract entered into unenforceable s 25
• damages for breach of statutory duty s 138D of the Financial services and markets Act 2000

Question 9

In what stage is the renters’ rights bill?

Answer 9

It is in the commitee stage in the House of Lords
The main features include:
- getting rid of s 21 no-fault eviction
- limiting rent increases (section 13 of the bill) = landlords do not agree (once agian this is a question of balance). The section 13 can only be used once per year.
- There will be no more fixed term tenancies in the private rented sector after the Act comes into force. All assured tenancies will become periodic, also known as rolling
-easier for tenants to quit ( apparently people fear that landlords are going to raise rents perceiving the risk of unstability).
-Changes introduced in the Act give tenants more time to resolve their arrears to avoid eviction on mandatory grounds
- The new rules will require properties to be advertised with a specific rental figure. A landlord or agent must not invite, encourage or accept offers of rent payments higher than this amount.

Question 10

What is the subtsance of Douglas and McFarlane’s argument against the property syllogism?

” The contention behind the apparent syllogism, in fact, can be understood only as a form of argument by analogy. This is not to deny, of course, that there may be important similarities between a particular type of right to an intangible on the one hand and a right to a tangible asset on the other, and that such similarities may not be shared by purely personal rights. As such, the ‘This is property and, therefore
…’ argument might persuade a court, in a particular context, to protect intangibles in the same way that it protects rights to a tangible asset; however, such protection is not logically required, as relevant similarities must, of course, be weighed against relevant differences between the two types of right.”

Answer 10

They argue that:
- the property syllogism is untenable because property is not monolithic: The physical thing thus plays a crucial role in delimiting the nature of the duty, and of A’s correlative right.
-

Question 11

Acting on one’s own share - severance methods

Answer 11

contract - s 2 LPMP A
equitable transfer - 53(1)(a)

Question 12

freehold covenants formalities

Answer 12

s 53(1)(a)