FLK2 Flashcards
Adverse posession
In the unregistered system, a person may gain title to property of another if they occupy the land without permission, exclusively, and unchallenged for at least 12 years.
latent defect
A latent defect is an issue which is not apparent from physical inspection of the property. The right of way is not mentioned in the title, but the adjoining property owner is likely to have acquired a prescriptive right by long use (use over 20 years). A latent defect must be disclosed by the seller in the contract. If a seller breaches their duty of disclosure, the buyer may have the right to withdraw from the contract after exchange and claim damages for losses.
he completion date is in two weeks’ time. They exchanged using the Standard Conditions of Sale (5th edition – 2018 revision) unamended. Yesterday the dwelling burnt down.
The buyer is incorrect; he will be required to complete because under the Standard Conditions of Sale, the buyer takes the risk in the property between exchange of contracts and completion. This means that the buyer is obliged to proceed with the purchase regardless of what happens to the property after exchange.
epitome/route of title.
15 years
Req to register
□ Since 1990 - tiggers;
® Convayance on sale of freehold land
® Assent
® Deed of gift
® Grnat of first legal mortagage
Grnat of lease for a term over 7 years
Commons/enviro search?
The commons registration search is an optional part of the local search. It is used to discover whether the property abuts or is adjacent to a town or village green in common land, that is, it will discover land that is designated for public use.
The solicitor will carry out an environmental search to address the client’s concern. This search which should be done on every purchase. It reveals whether there is land which has been put to contaminated use in the vicinity of the property being searched against.
how long is planning permission valid
After planning permission is issued, the development must commence within three years of the date of the permission or it lapses.
how long for enfocemnst of bulding something without planning permission
The local authority has four years from the date of the breach to take enforcement action.
Reqs for trust over land
the declaration must be evidenced by some writing signed by the settlor.
there is no requirement that there must be two trustees for a trust of land, only that two trustees are required to give a valid receipt when land subject to a trust is sold.
A trust of land must be evidenced by signed writing, then constituted by transferring legal title by deed. The title then must be registered in accordance with the requirements of the relevant statutory provision.
benefcaiul Joint tennants
If the property transfer form states that the legal owners are to hold the property as beneficial joint tenants, the beneficial interest is held in equal undivided shares and will be divided equally on sale of the property. This is true regardless of the parties’ unequal contributions to the purchase price.
Couple with jointly held title splitting up - The transfer contained no declaration relating to the beneficial interests.
The court will look at the whole course of dealing between the parties to infer their intentions. Where a family home is registered in joint names but there is no express declaration relating to the equitable interests, the usual starting point is an assumption that the equitable interests are equal. However, the court does have power to conclude that the equitable interests are held in unequal shares in exceptional circumstances. According to the leading case, the court does not have discretion to award a fair share to the claimant, but must look at the whole course of dealing between the parties to infer their intentions. This includes all relevant circumstances, not just contributions to the purchase price and mortgage or just the financial arrangements between the parties.
trust, filaure to tranfer title from settlor to trustee
Where an individual wishes to create a trust with a third party as trustee, she must transfer the trust assets to the trustee in the appropriate legal manner and declare the trusts on which the trustee holds. Here, the settlor made a valid declaration of trust which complies with the three certainties-it is clear that she intended her son to be legally bound as trustee, the trust property is clear, and the beneficiaries are the son’s children. The legal title to chattels is transferred either by delivery or by deed, neither of which has taken place here. However, where the intended trustee later acquires the legal title as personal representative of the settlor, the trust is regarded as completely constituted provided that the settlor’s intention to create the trust continued until death. There is no suggestion that this was not the case, so the son takes the paintings as executor and holds them on trust for his children as declared by the settlor.
COntribution to property purchace by third party
Where an individual contributes to the purchase of property in the name of another and there is no evidence that a gift was intended, the usual presumption is that the legal owner holds on resulting trust for himself and the other party in proportion to their respective contributions. This presumption does not apply where the contributor was the father or husband of the legal owner, or was acting in loco parentis to the legal owner. In these cases the presumption of advancement applies and it is presumed that the contributor intended to make a gift unless he can prove that he did not.
a property transfer was made as part of an illegal or fraudulent transaction…
the court must decide whether it is in the public interest to allow a claim. The court would take into account all relevant factors, including the underlying purpose of the relevant law and the respective conduct of the parties. In these circumstances, the court would consider the seriousness of the fraud, the conduct of both parties, and the effect of allowing a claim.
Trust on death?
The usual rule is that a trust which is to take effect on death must be declared in a valid will. Where a trust is declared in a will but the beneficiary is not identified, there will be a valid half-secret trust only if the identity of the beneficiary was communicated to the trustee before the will’s execution and the wording of the will is consistent with that communication. Here, the wording of the will does point to a past communication, but the communication was not made to the trustee until after the will was made. Therefore the trust fails. The friend is clearly a trustee, and so he holds on resulting trust for the testator’s estate and the money will pass with the residue of the estate.
