3. Interests in Land Flashcards
LRA 2002, s 27(2)
Express grant of one of the interest capable of being legal must also satisfy certain registration requirements before it becomes a legal interest
Two requirements for any interest in land to be legal
LPA 1925, s 1(2) - it must be one of the interests listed here as capable of being legal
LPA 1925, s 52 - must be created by deed
LPA 1925, s 62
Legal interest that has not been mentioned in the transfer deed will be implied, unless a contrary intention is expressed
LPA 1925, s 1(3)
‘All other estates, interest and charges in or over land take effect as equitable interests’
LRA 2002, s 115
Right of pre-emption now recognised as an interest in land from the time the right is created
LPA 1925, s 53(1)(a)
Sets out a minimum requirement for creating an equitable interest in land, i.e. in signed writing
LPA 1925, s 53(1)(c)
Sets out to minimum formalities to be complied with for the transfer of an existing equitable interest, i.e. in signed writing