9. Consolidation Flashcards
In unregistered land when is the interest overreached?
if the purchase money is paid to a minimum of two trustees
In unregistered land, if the interest is not overreached what applies?
doctrine of notice
In registered land, when is the interest overreached?
if the purchase money is paid to a minimum of two trustees
In registered land, if the interest is not overreached, how does this affect the purchaser?
A restriction will prevent the purchaser from being registered
In registered land, under what legislation may the interest be overriding?
Under Sch 3, para 2 LRA 2002.
How is a home right protected in unregistered land?
Class F Land Charge
How is a home right protected in registered land?
By a notice in the charges register
Can an unprotected home right take effect as an overriding interest and what is the reason?
It cannot take effect as an overriding interest
Because it has been specifically excluded from the effect of Sch 3, para 2.
In unregistered land how is a legal easement protected?
its binding against the whole world
In unregistered land, how is an equitable easement pre-1926 protected?
the doctrine of notice applies
In unregistered land, how is an equitable easement post-1926 protected?
must be protected by registration of a D(iii) Land Charge
What are the methods of creation of easements?
- Express grant
- Implied by necessity
- Implied by common intention
- The rule in Wheeldon v Burrows
- Section 62 Law of Property Act 1925
- Prescription
How does an express grant create an easement?
where a document expressly grants or reserved an easement
How can an easement be created by being implied by necessity?
the easement is essential for the land to be enjoyed for the specific purpose for which the parties have mutually intended
What is the effect of the rule in Wheeldon v Burrows?
it elevated quasi easements to full easements on the sale of part of the land
What are the elements that must be met in order for the rule in Wheeldon v Burrows to apply and elevate quasi easements to full easements on the sale of part of the land?
- the quasi easement existed prior to sale;
- the right is continuous and apparent
- the right is necessary for the reasonable enjoyment of the land sold
- the right is in use at the time of the sale
What is the effect of Section 62 Law of Property Act 1925 on easements?
Automatically by law passes in title all existing easements attached to the land without the need for express wording in the conveyance provided
What are the elements that must be met in order for Section 62 to apply in the creation of an easement?
- There is a conveyance for the transfer of a legal estate
- the right exists at the date of the conveyance
- diversity of occupation between dominant and servient land;
- there is evidence of prior use
When does the burden of a freehold covenant only run in equity?
If the following requirements are met:
covenant must be negative + created to benefit dominant land + touch/concern dominant land + made with intent to burden servient land + notice to bind the owner of servient land
What is the notice required for restrictive covenants for unregistered land?
Class D(ii) Land Charge
What is the notice required for restrictive covenants for registered land?
Notice under s 32 appearing in the charges register.
