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SQE 1 - Land Law > Freehold + leasehold estates, legal + equitable interests in land > Flashcards

Freehold + leasehold estates, legal + equitable interests in land Flashcards

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1
Q

Which two estates in land are capable of being legal?

A

Freehold - Estate in fee simple absolute in possession s1(1)(a) LPA 1925

Leasehold - Term of years absolute s1(1)(b) LPA 192

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2
Q

Who is bound by a legal estate in land?

A

Legal estates and interests bind the world - bind any buyer whether they knew about the interest or not.

The only exception to this rule is pusine mortgages which must be protected by the deposit of deeds.

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3
Q

How can an equitable interest be protected in unregistered land?

A

Can either be protected by a Land Charge or doctrine of notice.

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4
Q

What is a class C(iv) land charge?

A

An estate contract

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5
Q

What is a class D(ii) land charge?

A

A restrictive covenant

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6
Q

What is a class D(iii) land charge?

A

Equitable easement

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7
Q

What is a class F land charge?

A

Home right

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8
Q

What is a class C(i)

A

Pusine mortgage

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9
Q

How is a land charge registered?

A

Not registered against the land but against the registered owner in the version of their name as appears in deeds

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10
Q

What is the effect of registering a Land Charge?

A

If registered a the Land Charges Department it is deemed to give actual notice of the interest from the date of registration so any buyer will be bound.

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11
Q

What is the effect of failing to register a Land Charge?

A

Void against a buyer unless charge is registered before completion of the purchase.

Even if a buyer is aware of the interest the purchaser will still not be bound unless it has been registered.

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12
Q

Who is Equity’s Darling?

A

A bona fide purchaser for value of a legal estate without notice.

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13
Q

What does the doctrine of notice apply to in unregistered land? How does it apply?

A

Equitable interests pre-dating 1925 and beneficial interests under a trust.

If a buyer has notice (actual, imputed or constructive) of an interest under a trust or pre 1925 equitable interest they will be bound by it.

Equity’s darling not bound.

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14
Q

What is considered actual notice of an interest?

A

The buyer knows of existence of equitable interest.

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15
Q

What is considered actual notice of an interest?

A

The buyer must make checks as a reasonable person with requisite legal knowlege would make.

If the occupation would have been revealed on reasonable inspection the buyer is bound.

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16
Q

What is imputed notice

A

Where the buyer might not actually know but you as lawyer know - another agent acting for them knows, knowledge agent has is imputed to buyer

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17
Q

What is overreaching?

A

If an interest under a trust is overreached the buyer purchases free from the trust interest. The person with the interest in the property will then have an interest in the purchase price.

  • The buyer has to be buying a legal estate
  • The purchase money the buyer pays must be paid to all the trustees (or legal owner)
  • Must be at least two trustees - one performs a check/balance on the other
  • Money has to go to all trustees not just one
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18
Q

What is found on the property register?

A

Description of the land and type of estate (freehold or leasehold)

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19
Q

What is found on the proprietorship register?

A

Class of title.
Name and address of registered proprietor
Restrictions on ability of registered proprietor to deal with the land.

20
Q

What is found on the charges register?

A

Notices of any third-party rights registered against the title

21
Q

Where might an easement be found on the title?

A

On the property register as it is a right of way benefitting the property.

22
Q

What are the formalities for creating a Freehold interest in land

A

Must be created by deed

A deed is a document which satisfies the criteria under s1(2)LP(MP)A 1989

Makes clear it intends to be a deed
is validly executed as a deed and signed in the presence of a witness and delivered as a deed

23
Q

Name the two types of leases capable of being legal

A

Fixed term lease

Periodic lease

24
Q

Name the 5 interests in land capable of being legal.

A

Leasehold

Freehold

Easement

Rentcharge

Mortgage

25
Q

Name the 5 interests in land which are capable of being equitable

A

Equitable easement

Equitable lease

Restrictive covenant

Estate contract

Trusts

26
Q

How is an express trust over land created?

A

In writing under s53(1)(b) LPA

27
Q

How does a resulting trust occur?

A

When a person who is not the legal owner contributes directly to the purchase price of the property.

28
Q

How does a constructive trust occur?

A

When a person who is not the legal owner of the property makes a contribution other than a direct financial contribution at the time of the purchase,

29
Q

When does a statutory right under s30 FLA 1996 occur?

A

When the parties are legally married or civil partners

The home is, has been or is intended to be the matrimonial home.

Note this is not a right to legal title just the ability to live in the property.

30
Q

Which type of lease needs no formalities for creation?

A

A parol lease - can be created orally.

Must be for three years or less.

Take effect in possession.

The tenant pays the best rent.

The landlord must not charge a premium / fine.

31
Q

A lease for a term of 5 years was created using a signed contract - is this a legal or equitable lease.

A

A deed must be used for the lease to be legal.

The lease will be equitable so long as there is

  1. a contract
  2. complying with s2 LPMPA (in writing, signed by all the parties containing all the terms of the agreement and both parties have clean hands)
32
Q

How are restrictive covenants created?

A

Pure equitable right - under s53(1)(a) in signed writing but only by the person who owns the land.

33
Q

What is a licence?

A

A personal right to use the land. It does not create an estate or an interest in the land. A licence does not bind a successor in title.

34
Q

How is a legal estate in land held?

A

The legal estate is ALWAYS held as a joint tenancy.

The joint tenancy of the legal estate cannot be severed and the rights of survivorship apply. If one JT dies the other takes their interest.

35
Q

Equitable Mortgages

A

Mortgages of equitable interests
Where the borrower holds an equitable interest in land
Can be created very informally and need only be in writing and signed by the grantor

Defective legal mortgages
When the formalities for a legal mortgages are not validly met, equity may regard it as an equitable mortgage if
It is in writing, contains all the agreed terms and is signed by both the mortgagor and mortgagee

36
Q

Discharge of Mortgage

A

Once a mortgage has been repaid in full, the mortgage entries at the Land registry must be cancelled.
A mortgage is only considered to be fully discharged when all reference to it has been removed from the Charges Register at the Land Registry.

37
Q

Easement

A

a proprietary right to use land which belongs to somebody else

38
Q

dominant tenement

A

The person who receives the benefit of the easement is the grantee and their land, which is benefitted by the easement

39
Q

servient tenement

A

The person who grants the easement land is the grantor and their land, which is burdened by the easement

40
Q

Legal easements

A

An easement is capable of being a legal interest in land if it fulfils the requirements as to duration

41
Q

Equitable easements

A

If an easement is not granted for the equivalent of a freehold or leasehold estate, it can only be equitable

42
Q

Negative easements

A

The only recognised negative easements at law are:
A right to light (there is no automatic right to light, an easement can exist in relation to a defined aperture)
A right to air
A right of support (eg from the dividing wall between semi-detached houses)

43
Q

Quasi-Easements

A

Where landowners use, for example, paths on their own land, they are not enjoying easements.
They are using the paths as owners of the land.
However, the use of the paths could become easements if ever the land was divided.

44
Q

Public Rights

A

Public rights can be similar in scope to easements.
The best example is a right of way.
However, instead of being exercised by an individual or particular body, the right by its nature is exercised by the general public.

45
Q

Profits a prendre

A

An easement does not confer on the holder the right to take anything, such as produce, animals, fish, or minerals, from the land. A profit a prendre confers such a right.
The rules governing profits are very similar to the rules governing easements, however they are beyond the scope of this course.

SQE 1 - Land Law (4 decks)

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