1 - Introduction To Land Law Flashcards
What is the starting point of any PQ?
Law of property act 1925
s.1 (1)
Fred owns a piece of land and agrees that Barney can move in for 12 months if he pays him £100 a month. Barney agrees and they complete the required formalities.
What is the relationship between Fred and Barney?
Fred is the freeholder, and Barney (who has a “term of years”) is the leaseholder under s. 1(1) of the LPA 1925
Fred is broke and needs to raise money. He mortgages the land to Thelma. The charge is registered and all formalities are completed.
What is the relationship between Fred and Thelma?
Fred is the freeholder and has legal ownership (s.1(1) LPA)
Thelma has a third party interest in the land by way of mortgage under s. 1(2) of the LPA 1925
If an interest does not fall under s.1(2) LPA, where does it fall under?
Which types of interest falls under this section?
s.1(3)
Equitable interests
What happens if a property right is not created?
The transaction is void or it creates a license
An elderly aunt leaves her house Flint Cottage to Barney in her will but specifies that Fred should be the trustee and Barney the beneficiary.
What are the titles of Fred and Barney?
Who is named on the registry?
Fred (the trustee) owns the land at law, he holds the legal title.
Barney (the beneficiary) is the equitable owner.
Fred
What are the formalities required for a conveyance to be made at law?
What is a conveyance?
Where are the requirements for a deed stated?
Where is the latter requirement defined?
What is the exception to this rule?
Where can it be found?
All conveyances must be made by deed according to s. 52 LPA 1925
A conveyance is a legal estate
s. 1 LP(MP)A 1984
s. 1(3) LP(MP)A
Parol rule
s. 54 LPA 1925
What are the formalities required for an interest to be found in equity?
What are the two exceptions to this rule?
Interest can only be created in writing according to s. 53 LPA 1925
And according to s. 2 LP(MP)A 1988, which states that it must meet the requirements of a contract by incorporating the terms and being signed by each party
Parol rule - s. 54 LPA
Do not need writing if there’s a trust - s. 53(2) LPA & s. 2(5) LP(MP)A
If none of the formality requirements are met, what are you left with?
A license
What is a deed?
What is a covenant?
What is a proprietor?
What is a concurrent interest?
What is a successive interest?
What does a concurrent interest create?
Formal witness document
Promises in formal witness doc
Owner of land
2 people enjoying ownership simultaneously
2 people enjoying ownership successively
A trust in the land under s. 1 TOLATA
A under contract obliges B to use the property as a family home and that B must paint it every 5 years. If B sells property to C, who is not party to the original contract, what is C obliged to do?
Why?
Obliged to use property as family home because this is a restrictive covenant which must be binding.
Not obliged to paint the house every 5 years because this is a positive covenant which is not recognized at law.
L grants M his land for life and N thereafter.
What is the classification of M and N’s rights?
M’s rights are in possession (present enjoyment)
N’s rights are in remainder (future enjoyment)
N must achieve a first in his degree to obtain possession of the land.
What is this an example of?
Contingent fee simple
N must not smoke again if he wishes to stay in possession of this property.
What is this an example of?
Qualified interest
What was the ratio of Street v Mountford?
A contract is dubbed a tenancy if it confers upon the grantee exclusive possession over the property for a fixed or periodic term with periodic payments.
A tenancy is decided as such by looking at the terms of the agreement and concluding what the resultant contract is, regardless of whether or not the parties have named it a tenancy or a license
