Enforceability of third party rights Flashcards
What are the formalities to create a legal lease?
- Deed (s52 LPA 1925)
- For a term of years absolute (s1(2) LPA 1925
- Exclusive possession (Street v Mountford)
How does a legal lease bind a buyer?
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.
If a lease is for 7 years or under, how will it bind a buyer?
As an overriding interest under Schedule 3(1) LRA 2002
What are the formalities needed for a parol lease?
- Doesn’t exceed 3 years
- In possession
- At market rate
- Without a fine
s54 LPA 1925
What are the criteria needed for a Section 30 Family Law Act 1996 right?
- Be married
- Legal owner still alive
- Home is the matrimonial home
Family Law Act Rights 1996 cannot bind as an overriding interest. True or false?
True s30(1) Family Law Act 1996
How are Family Law Act rights enforced?
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)
How does a equitable lease bind a buyer?
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)
What are the formalities needed for an equitable lease?
- Exclusive possession
- In signed writing
s53(1)(a) Law of Property Act 1925 - Contains all agreed terms (s2 LPMP Act 1989)
Trusts cannot be protected by a notice on the register. Which section of which Act?
s33(a)(i) LRA 2002.
Which rights are registrable under s2 of the Land Charges Act 1972 in unregistered land?
All Equitable interests after 1926 apart from those under constructive or resulting trusts
Are legal interests registrable under s2 of the Land Charges Act 1972 in unregistered land?
No
Are constructive trust interests registrable under s2 of the Land Charges Act 1972 in unregistered land?
No
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?
s4 Land Charges Act 1972
To take the free of trust interests, buyers should overreach. Which Section of which Act?
Sections 2 and 27 Law of Property Act 1925
Name the three registrable dispositions under s27 LRA 2002
- Legal easements
- Legal charges (mortgages)
- Legal leases over 7 years
Name the three types of overriding interest under Schedule 3 Land Registration Act 2002
- Legal leases for 7 years or less
- Interests of person in actual occupation
- Legal easements created by implication or prescription
Trusts interests cannot be protected by a notice. Which section of which Act?
Section 33 Land Registration Act 2002
Trust interests may be recorded as a restriction in the proprietorship register. Which Section of which Act?
Section 40 Land Registration Act 2002
Who is Equity’s darling?
- The bona fide purchaser
- Of the legal estate
- For value
- Without notice
What are the three types of notice?
- Actual (s1928 LPA 1925)
- Imputed
- Constructive
What is the test for constructive notice
Would have come to notice if inquiries/inspections had been made as ought to have been made s199 LPA 1925
There will be notice of the interest if the presence would have been apparent from a reasonably careful inspection. Which case?
Kingsnorth v Tizard
Actual occupation necessitates “some physical presence on the land”. Which case?
Glyn’s Bank v Boland
In Glyn’s Bank v Boland, how did Lord Wilberforce define “actual occupation”?
“It merely emphasises that what is required is physical presence, not some entitlement in law”
In what case was actual occupation found to in which an occupier visited a premises regularly to supervise renovation work?
Lloyd’s Bank v Rosset
In what case was it found that parking a car regularly in a garage was actual occupation?
Kling v Keston
In what case was it found that temporary absence can still be actual occupation?
Chhokar v Chhokar
In what case was it found that preparatory steps to actual occupation would not suffice?
Abbey National v Cann
An agent can have actual occupation on a principals behalf, but a relative cannot. Which case?
Strand Securities
