Basic Principles of Land Law

Question 1

Basic Prinicples of Land Law

Corporeal Hereditements

1

Answer 1

Physical objects in or on the land

Question 2

Basic Prinicples of Land Law

Incorporeal Hereditements

1

Answer 2

Intangible Rights e.g easements, rentcharges etc

Question 3

Basic Prinicples of Land Law

Test(s) Applied to Determine Fixture or Fitting

3

Answer 3

1. Degree of attachment
2. Purpose of attachment
3. Permanence of the attachment

TA10 to avoid disputes

Question 4

Basic Prinicples of Land Law

2 Legal Estates in Land

2

Answer 4

1. Fee Simple Absolute in Possession (freehold)
2. Term of Years Absolute (leasehold)

Question 5

Basic Prinicples of Land Law

5 Legal Interests in Land

5

Answer 5

1. Legal Easements and Profits
2. Legal Rent-Charge
3. Charge by way of Legal Mortgage
4. Charges arsing by way of Statute
5. Rights of Entry in Legal lease and rentcharge

Question 6

Basic Prinicples of Land Law

Define Equitable Interests in this Context

1

Answer 6

Any interest that’s not a legal estate under s1(1) LPA 1925 or s1(2) will be equitable under s1(3)

But still must be created in writing.

Question 7

Basic Prinicples of Land Law

**Factors for a Valid Lease **

2

Distinguishes from a licence

Answer 7

1. Certain Term
2. Exclusive Possession

For it to be a legal lease, it must be made by deed

Question 8

Basic Prinicples of Land Law

**Unregistered Land Unbroken Chain of Title **

Answer 8

15 years

Question 9

Basic Prinicples of Land Law

Time Limit for Compulsory Registration after Sale

1

Answer 9

2 months

Question 10

Basic Prinicples of Land Law

3 Sections on the Property Register

3

Answer 10

1. Property Register- description and title plan, freehold/leasehold and any benefits (easements)
2. Proprietorship Register- owners, class of title, address for service
3. Charges Register- mortgages etc

Question 11

Basic Prinicples of Land Law

Overriding Interests

2

Answer 11

1. Short leases (7 year or less)
2. Interests of persons in actual occupation

Mitigated by Property Info Form (TA6)

Question 12

What are overriding interests?

Answer 12

Interests capable of binding a buyer despite not showing on Register of Title:

Short leases- 7 yrs or less

Persons in actual occupation but not on register- mitigated by TA6 PIF.