2. Estates and Interests in Land Flashcards
What are the two estates under the Law of Property Act 1925?
- Freehold estate (fee simple absolute in possession)
- Leasehold estate (term of years absolute)
In terms of duration, what is the difference between a freehold and leasehold estate?
Freehold is for an uncertain / indefinite duration. Leasehold is for a fixed duration.
Separate from the two legal estates do (1) legal interests or (2) equitable interests confer ownership of land?
No, they concern rights over land the legal estate of which is held by another
What are the three types of legal interest?
- Mortgage
- Easements
- Right of entry
Must be created by deed and registered
What is a common situation in which an equitable interest may arise by accident?
When parties attempt to create a legal interest by deed, but the formalities for a deed are not met.
- Formalities for valid land contract are met and specific performance is an available remedy.
- Only binding on purchasing third parties if validly protected by registration.
What equitable interests must be protected by entry of notice in the charges register?
- Restrictive covenants
- Estate contracts
- Easements granted for an uncertain term
What formalities must is a land contract comply with to be valid?
- In writing
- Incorporate all agreed terms
- Be signed by all the parties
When is a deed required?
- To transfer legal ownership on sale
- Where lease is granted for term of more than 3 years
- Legal easement
- Legal mortgage
- Profits a Prendre
What three things are required for a deed to be valid?
- In writing
- Clearly intended to be a deed
- Duly executed as a deed
What are the two requirements for a deed to be duly executed?
- Signed in the presence of an attesting witness
- Delivered (says delivered/ dated)
When is a deed delivered?
When the party expresses an intention to be bound by the deed
What is required for a land contract’s variation be correctly executed?
need to comply with the LP(MP)A 1989 s.2 formalities.
What proprietary effect does an estate contract have?
creates an equitable interest, which counts specific perfomance as one of its available remedies (ie. ability to exercise option to purchase)
- only be recognized as such if claimant has clean hands.
- comply with section 2 of LP(MP) formalities
What interests need to be entered unto the register to bind successors in title, and how are they protected?
Notice - appears on charges register.
- Used to protect easements/profits, equitable leases, restrictive covenants, home rights, and estate contracts.
- Can be entered into register without consent of the registered owner.
Restriction - protects trusts of land in proprietorship register.
- flags that overreaching might need to take place in order for a buyer to buy the land unemcumbered.
What are interests in land will override on first registration of the land?
- legal leases of 7 years or less in duration;
- interest belonging to person in actual occupation
- legal easement or profit
- local land charge (unreg. land register)
What are overriding interests?
Interest that bind purchasers without being protected by entry on the register.
- Implied legal easements
- Leases with a term of 7 years or less
- Interest of persons in actual occupation
When does possessory title arise?
Arises either where:
2) the applicant’s title is based on adverse possession; OR
1) title cannot be proven because the title deeds have been lost or destroyed
What is good leasehold title?
when the ‘superior’ freehold title cannot be guranteed, so the Registry cannot grant absolute leasehold title.
What role does the doctrine of notice serve?
determines whether a buyer/mortgagee will be bound by:
- an overriding interest that has not been successfully overreached;
- restrictive covenants or equitable easements entered into pre-January 1st 1926.
What effect does the doctrine of notice have?
equitable interest over land, which are protected without registration, will biding anyone except bona fide 3rd party purchaser of a legal estate for value.
- applies to pre-1926 - equitable leases and restrictive covenants
- applies to beneficial interest behind 1 trustee trust (aka where no overreaching)
What interests in unregistered land are capable of being legal interests?
Same as registered land - right of entry, mortgage (exception - puisne mortgage), easement, rentcharges, profit a prendre
both post and pre-1926 - bind the world
What interests in unregistered land must be protected as a Land Charge at the Land Charges Registry?
Estate contract - Class C (IV)
Puisne mortgage - class C(I)
* Restrictive Covenant - class D(II)
* Equitable easement (aka for uncertain term) - class D (III)
* Home rights of occupation in the matrimonial/civil partnership home - class F
* Equitable mortgage C(iii)
What interest in unregistered land cannot be protected?
interest in a trust of land
What are the three ways notice can be established?
- Actual - purchaser actually has knowledge of equitable interest.
- Imputed- notice received by buyer’s agent is imputed to the them.
- Constructive - reasonable to make further enquiries.
