Enforceability of third party rights Flashcards

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1
Q

What are the formalities to create a legal lease?

A
  1. Deed (s52 LPA 1925)
  2. For a term of years absolute (s1(2) LPA 1925
  3. Exclusive possession (Street v Mountford)
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2
Q

How does a legal lease bind a buyer?

A

In the registered system a legal lease
for over 7 years is a registrable disposition s27(2)(b)(i) LRA 2002. It needs to have been registered by the date of registration of a buyer in order to bind her/him.

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3
Q

If a lease is for 7 years or under, how will it bind a buyer?

A

As an overriding interest under Schedule 3(1) LRA 2002

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4
Q

What are the formalities needed for a parol lease?

A
  1. Doesn’t exceed 3 years
  2. In possession
  3. At market rate
  4. Without a fine

s54 LPA 1925

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5
Q

What are the criteria needed for a Section 30 Family Law Act 1996 right?

A
  1. Be married
  2. Legal owner still alive
  3. Home is the matrimonial home
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6
Q

Family Law Act Rights 1996 cannot bind as an overriding interest. True or false?

A

True s30(1) Family Law Act 1996

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7
Q

How are Family Law Act rights enforced?

A

Family Law Act rights bind as interests affecting a registered estate. They must be entered as a notice on the register by the date of registration of a new buyer to bind (s29 LRA 2002)

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8
Q

How does a equitable lease bind a buyer?

A

An equitable lease is an interest affecting a registered estate. It must be entered as a notice on the register by the date of registration of a new buyer to bind (s29 LRA 2002)

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9
Q

What are the formalities needed for an equitable lease?

A
  1. Exclusive possession
  2. In signed writing
    s53(1)(a) Law of Property Act 1925
  3. Contains all agreed terms (s2 LPMP Act 1989)
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10
Q

Trusts cannot be protected by a notice on the register. Which section of which Act?

A

s33(a)(i) LRA 2002.

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11
Q

Which rights are registrable under s2 of the Land Charges Act 1972 in unregistered land?

A

All Equitable interests after 1926 apart from those under constructive or resulting trusts

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12
Q

Are legal interests registrable under s2 of the Land Charges Act 1972 in unregistered land?

A

No

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13
Q

Are constructive trust interests registrable under s2 of the Land Charges Act 1972 in unregistered land?

A

No

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14
Q

If a right is registrable it must be registered against the owner’s name by the date of completion of sale. Which Section of which Act?

A

s4 Land Charges Act 1972

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15
Q

To take the free of trust interests, buyers should overreach. Which Section of which Act?

A

Sections 2 and 27 Law of Property Act 1925

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16
Q

Name the three registrable dispositions under s27 LRA 2002

A
  1. Legal easements
  2. Legal charges (mortgages)
  3. Legal leases over 7 years
17
Q

Name the three types of overriding interest under Schedule 3 Land Registration Act 2002

A
  1. Legal leases for 7 years or less
  2. Interests of person in actual occupation
  3. Legal easements created by implication or prescription
18
Q

Trusts interests cannot be protected by a notice. Which section of which Act?

A

Section 33 Land Registration Act 2002

19
Q

Trust interests may be recorded as a restriction in the proprietorship register. Which Section of which Act?

A

Section 40 Land Registration Act 2002

20
Q

Who is Equity’s darling?

A
  1. The bona fide purchaser
  2. Of the legal estate
  3. For value
  4. Without notice
21
Q

What are the three types of notice?

A
  1. Actual (s1928 LPA 1925)
  2. Imputed
  3. Constructive
22
Q

What is the test for constructive notice

A

Would have come to notice if inquiries/inspections had been made as ought to have been made s199 LPA 1925

23
Q

There will be notice of the interest if the presence would have been apparent from a reasonably careful inspection. Which case?

A

Kingsnorth v Tizard

24
Q

Actual occupation necessitates “some physical presence on the land”. Which case?

A

Glyn’s Bank v Boland

25
Q

In Glyn’s Bank v Boland, how did Lord Wilberforce define “actual occupation”?

A

“It merely emphasises that what is required is physical presence, not some entitlement in law”

26
Q

In what case was actual occupation found to in which an occupier visited a premises regularly to supervise renovation work?

A

Lloyd’s Bank v Rosset

27
Q

In what case was it found that parking a car regularly in a garage was actual occupation?

A

Kling v Keston

28
Q

In what case was it found that temporary absence can still be actual occupation?

A

Chhokar v Chhokar

29
Q

In what case was it found that preparatory steps to actual occupation would not suffice?

A

Abbey National v Cann

30
Q

An agent can have actual occupation on a principals behalf, but a relative cannot. Which case?

A

Strand Securities