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Question 1

Equity intervenes in 2 ways:

Answer 1

Recognising new proprietary rights: equitable proprietary rights

Equitable remedies

Question 2

4 new proprietary rights recognised by equity:

Answer 2

Beneficial interest under trust
Equitable right to redeem
Restrictive convenants (negative ones)
Estate contracts

Question 3

4 equitable remedies:

Answer 3

Specific performance
Injunction
Rescission
Rectification

Question 4

Nature of equitable remedies:

Answer 4

Discretionary: equity underlined wth maxims eg he who comes to equity must come with clean hands

Question 5

Nature of common law remedies:

Answer 5

Arise as of right

Question 6

Failure to comply with equitable remedy:

Answer 6

Contempt of court

Question 7

Interests capable of being legal listed under:

Answer 7

S 1(2) LPA 1925:

(a) : easement/right/privilege
(c) : charge by way of legal mortgage
(e) : rights of entry

Question 8

Estates capable of being legal listed under:

Answer 8

S 1(1) LPA 1925:

a) : fee simply absolute in possession (freehold
(b) : term of years absolute (leasehold)

Question 9

3 potential formalities for grant of a legal interest:

Answer 9

Grantor must have capacity (can’t grant more than you have yourself)
Must be created by deed (s 52 LPA 1925)
If registered land: disposition must be registered if:
- express grant of easement
- grant of legal charge
- express grant of rent charge / right of entry

Question 10

Formalities for deed:

Answer 10

S 1 LP(MP)A 1989:
Clear on face it is deed
Signed by grantor
Delivered
Witnessed

Question 11

When failed attempt to grant legal interest, equity may recognise contract to create interest if:

Answer 11

Contract valid

Contract capable of specific performance

Question 12

Valid contract

Answer 12

Compliant with s 2 LP(MP)A 1989:
In writing
Containing all terms
Signed by both parties

Question 13

Equity recognised agreement to grant interest in the future gives grantee an equitable interest by application of the maxim

Answer 13

Equity views as done that which ought to be done

Question 14

When creating estate/interest not listed in s 1(1) or (2) LPA 1925: formalities must be met depending on interest. Failure:

Answer 14

Right remains merely personal

Question 15

4 main changes LRA 2002 made when repealing LRA 1925:

Answer 15

• more interests require registration for protection
• more titles require registration
• AP watered down
• system devised to pave way for e-conveyancing

Question 16

Principles of LRA 2002:

Answer 16

Mirror
Curtain
Insurance

Question 17

Sections of register:

Answer 17

Proprietorship
Property
Charges

Question 18

Proprietorship register:

Answer 18

Names registered proprietor, title & any restrictions

Question 19

Property register

Answer 19

Describes land, nature of estate registered & third party interests benefitting land

Question 20

Charges register:

Answer 20

Notices of interests burdening the land

Question 21

Substantively registrable estates:

Answer 21

S 2 LRA 2002:
Freehold
Leasehold 7+

Question 22

Voluntary substantive registration for first time

Answer 22

S 3 LRA 2002

Financial incentives

Question 23

Events triggering compulsory substantive registration of freehold / leasehold 7+:

Answer 23

S 4(1) LRA 2002

• Transfer/grant of freehold/leasehold 7+
• first protected legal mortgage -> triggers registration of estate charged

Question 24

Dispositions of registered land that must be registered:

Answer 24

S 27(2) LRA 2002

Transfer of registered estate
Grant of leasehold 7+ out of registered estate

Failure: transfer does not operate at law (s 27(1) LRA 2002)

Question 25

Failure to substantively register estate on triggering event:

Answer 25

S 7 LRA 2002:

• transfer of freehold/leasehold 7+: legal title reverts to transferor who holds on trust for transferee
• grant of leasehold 7+ / mortgage: contract to grant that interest

Question 26

Why common law is ill equipped at resolving disputes so need for equity to intervene:

Answer 26

Failed to recognise rights were fair and just
Damages inadequate
Procedure complicated -> burdened with formality so delay

Question 27

When creating interest with legal capacity over registered land, must be registered

Answer 27

S 38 LRA 2002: in charges register as notice

Express grant of easement
Grant of legal charge
Express grant of rent charge / right of way

Question 28

Interests unprotectable by notice:

Answer 28

S 33 LRA 2002:
Leases 3-
Interests under trust
Restrictive covenants between landlord and tenant

Question 29

Consequences of failing to enter a notice:

Answer 29

If valuable consideration given for disposition:
Notice does not bind

If no valuable consideration: donee takes land subject to all interests pre-dating disposition (Halifax v Curry)

Question 30

What is a restriction?

Answer 30

Entered on proprietorship register. Regulates way registered proprietor can deal with property by laying down specific procedure. If not followed, registrar will refuse to register new disponee

Question 31

Main use of restrictions:

Answer 31

To protect beneficial interests under a trust. Requires purchaser to pay purchase monies to at least 2 trustees -> overreaching

Question 32

Consequences of failing to enter restriction when own beneficial interest under trust:

Answer 32

1 trustee paid: no overreaching so whether beneficial interest binds depends on whether overrides under Sch 3 para 2

2 trustees paid anyway: overreached so not binding

Question 33

Sch 1 LRA 2002:

Answer 33

Interests that override 1st registration (so automatically bind when unregistered title becomes registered):
Para 1: legal leases 7-
Para 2: interests of person in actual occupation
Para 3: legal easements / profits

Question 34

Sch 3 LRA 2002:

Answer 34

Interests that override subsequent transactions of registered land

Question 35

Para 1 Sch 3 LRA 2002:

Answer 35

Legal leases 7-

Question 36

Para 2 Sch 3 LRA 2002:

Answer 36

Interest binding if holder can establish:

• interest is proprietary
• interest existed at time of disposition
• in actual occupation

Question 37

Para 3 Sch 3 LRA 2002:

Answer 37

Impliedly created legal easements, provided either:

• obvious on reasonably careful inspection
• disponee has actual knowledge of existence
• interest exercised in year immediately preceding disposition

Question 38

Actual occupation for purposes of Sch 3 para 2 LRA 2002 must be:

Answer 38

• obvious on reasonably careful inspection of land (para 2(c)(i))
• purchaser had actual knowledge of it (para 2(c)(ii))

Question 39

By “obvious on reasonably careful inspection of the land”, para 2 Sch 3 LRA 2002 requires

Answer 39

Visible signs that must be obvious (Thomas v Clydesdale)

Question 40

If failed to disclose actual occupation on enquiry (and would have been reasonable to disclose):

Answer 40

Interest not binding under para 2 Sch 3 LRA 2002 (para 2(b))

Question 41

6 features of actual occupation:

Answer 41

• can exist despite temp a sense so long as justifiable and short (Chhokar v Chhokar)
• persistent intention to return: leaving furniture and personal belongings, regularly visiting and paying outgoings (Linklending v Bustard)
• nature and condition of land (Lloyds Bank v Rosset)
• can be through agent (Strand Securities v Caswell)
• actual occupation must be at time of transfer, not registration (Abbey National BS v Cann)
• interest only binding to extent of land actually occupied (reversing Ferrishurst v Wallcite)