Foundations And Land Registration

Question 0

Creation of an equitable interest

Answer 0

Writing s.53 LPA

Question 1

Formalities - creation of a legal estate/interest

Answer 1

Deed s.52 LPA (‘grant’ means valid deed, City Permanent BS v Miller)
Registration s.4 LRA

Exceptions to registration

• leases of less than 7 years
• parole leases of less than 3 years

Question 2

Contract to create an interest in land

Answer 2

Writing signed by the parties s.2 LPAMP

Walsh v Lonsdale : this creates an equitable interest untill the deed is formalised

Requirements for the contract

• signature, First Post Homes v Johnson
• not only verbal, Yeomans Row Management v Cobbe
• one document rule, Commission for the New Towns v Cooper

Question 3

Estates in land (legal)

Answer 3

S.1(1) LPA

Freehold
Leasehold

Question 4

Legal interests in land

Answer 4

S.1(2)

Easement
Mortgage

Question 5

Equitable interests

Answer 5

S.1(3)

Interests not created formally
Interests under a trust : beneficiary
Restrictive covenants

Question 6

Priority rules

Answer 6

Basic rule s.27 LRA : first in time prevails

Exception s.28 registrars darling is only bound by

• registered charge or notice
• overriding interest

‘Registrars darling, someone who paid valuable consideration

Midland Banks v Green - doesn’t matter if the person knows of the option to purchase, etc.

Question 7

Registrable interests

Answer 7

Freehold
Leasehold

Compulsory registration to become legal

Question 8

Registrable dispositions

Answer 8

Includes

• Registrable estates
• easements
• mortgages

Registration is needed to take effect at law

Question 9

Minor interests

Answer 9

Residual category

Includes

• freehold covenants
• equitable easements
• estate contracts

Protected by notice or restriction on registrar

Question 10

Overriding interests

Answer 10

Schedule 3 LRA