Estates and interests

Question 1

5 questions to ask (5D) plus stature provisions

Answer 1

What estate/ interest is being claimed?
Is it capable of being legal - s1 LPA 1925
Formalities - s52-54 LPA and s2 LP(MP)A 1989
Registrable dispositions - s27 LRA 2002
Purchaser buys subject to - s29 LRA 2002
A) registered charges
B) prior interests protected on register
C) interests which override - Sch 3 LRA 2002
D) if none, purchaser takes free

Question 2

Legal estates statute provision

Answer 2

S1 (1) LPA 1925

Question 3

S1(1)(a) LPA 1925

Answer 3

Fee simple absolute in possession

Question 4

S1(1)(a) LPA 1925 Fee simple

Answer 4

Estate continues for as long as owner has someone to succeed him (under will or intestacy)

Question 5

S1(1)(a) LPA 1925 Absolute

Answer 5

Estate is perpetual, nothing will terminate it prematurely

Question 6

S1(1)(a) LPA 1925 In possession

Answer 6

Must be immediate, not in reversion: remainder

Question 7

Fee simple absolute in possession includes

Answer 7

Receipt of rent and profits - landlords are still in absolute possession when tenants live in their property

Question 8

S1(1)(b) LPA 1925

Answer 8

Term of years absolute

Question 9

S1(1)(b) LPA 1925 Term of years

Answer 9

A term for any period with a fixed and certain duration

Question 10

Term of years absolute includes (3)

Answer 10

Leases for specified number of years
Leases for less than a year
Periodic tenancies eg weekly or monthly

Question 11

S1(1)(b) LPA 1925 Absolute

Answer 11

Even if there’s a provision for the landlord to end the lease

Question 12

S1(1)(b) LPA 1925 Need not be…

Answer 12

In possession - can be future leases

Question 13

S1(1)(b) LPA 1925 Term of years absolute doesn’t include

Answer 13

Leases for life - uncertain

Question 14

Legal interest statute provision

Answer 14

S1(2) LPA 1925

Question 15

S1(2)(a) LPA 1925

Answer 15

Easements, rights or privilege

Question 16

S1(2)(a) LPA 1925 Easements

Answer 16

Right to do something on someone else’s land eg right of wavy

Question 17

S1(2)(a) LPA 1925 Profits a prendre

Answer 17

Right to take something away from someone’s land eg to fish

Question 18

S1(2)(a) LPA 1925 must be for period equivalent to one of the legal estates (3)

Answer 18

Few simple absolute in possession
Term of years absolute
Period of life is invalid - uncertain

Question 19

S1(2)(b) LPA 1925

Answer 19

Rentcharge

Question 20

S(1)(2)(b) LPA 1925 rentcharge (4)

Answer 20

Regular financial payment
In possession
Issuing out of or charged on land
Perpetual or for a term of years absolute

Question 21

S1(2)(c) LPA 1925

Answer 21

Charge by way of legal mortgage

Question 22

S1(2)(e) LPA 1925

Answer 22

Rights of entry

Question 23

S1(2)(e) LPA 1925 rights of entry (3)

Answer 23

Right to recover property if money not paid/ terms breached
Exercisable over a term of years absolute
Or annexed to a legal rentcharge

Question 24

Legal estates (2)

Answer 24

S1(1) LPA 1925

(a) Fee simple absolute in possession
(b) Term of years absolute

Question 25

Legal interests (4)

Answer 25

S1(2) LPA 1925

(a) Easements, rights or privilege
(b) Rentcharge
(c) Charge by way of legal mortgage
(e) Rights of entry