2. Leasehold Estate

Question 0

Lease created for period exceeding 7 years

Answer 0

Created by deed - LPA 1925, s 52(1); deed must comply with LP(MP)A 1989, s 1

Substantively registered
LRA 2002, s 27(2)(b)(i) - for registered freehold
LRA 2002, s 4(1)(c) - for unregistered freehold

Question 1

Lace v Chantler

Answer 1

Lease ‘for the duration of the war’ is not valid

Question 2

Leases exceeding 3, but not exceeding 7, years

Answer 2

Created by deed - LPA 1925, s 52(1); deed must comply with LP(MP)A 1989, s 1

An overriding interest
LRA 2002, Sch 1 para 1 - for first registration of unregistered land
LRA 2002, Sch 3 para 1 - for land where superior title is already registered

Question 3

Leases not exceeding 3 years

Answer 3

LPA 1925, s 54(2) - no formalities - just needs to take effect in possession and be at best rent

Question 4

LRA 2002, s 27(2)(a)

Answer 4

If lease has already been registered, assignment must also be registered

Question 5

LRA 2002, s 4(1)(a) and 4(1)(b)

Answer 5

If lease has not already been registered, but has more than 7 years to run at the date of the assignment, assignment gives rise to a compulsory first registration of the leasehold estate

Question 6

Any equitable lease coupled with discoverable occupation overrides the register

Answer 6

LRA 2002, Sch 1 para 2 - for first registration of unregistered land

LRA 2002, Sch 3 para 2 - for land where superior title is already registered

Question 7

Land Charges Act 1972, s 2(4)(iv)

Answer 7

Where freehold land is unregistered, equitable tenant should protect his interest by registering a C(iv) land charge

Question 8

Walsh v Lonsdale

Answer 8

Where attempt to create legal lease fails and both an equitable lease and a periodic tenancy could arise, the equitable lease prevails