Freeholds - Lecture

Question 1

What is a proprietary right?

Answer 1

A right in the land itself

Question 2

What is an example of a proprietary right?

Answer 2

Right of access

Question 3

Are proprietary rights enforceable against a 3rd party?

Answer 3

Yes

Question 4

What are the 2 types of estate?

Answer 4

Freehold and leasehold

Question 5

Whate are the 3 stages in reating a freehold?

Answer 5

Contract, deed, registration

Question 6

What does s1 LPA 1925 detail

Answer 6

Types of proprietary right

Question 7

What is the definition of freehold in the LPA 1925

Answer 7

Fee simple absolute in possession

Question 8

What is the full term for a freehold?

Answer 8

Fee Simple Absolute In Possession

Question 9

What is the first stage of acquiring a freehold?

Answer 9

The contract

Question 10

What legislation details the necessary requirements for a contract in land?

Answer 10

S2 LP(MP)A 1989

Question 11

What does S2 LP(MP)A 1989 state?

Answer 11

Must be in writing
All terms (must)
Both parties must sign
Contracts may be exchanged
May refer to another document (incorporation)

Question 12

What does S2 LP(MP)A cover?

Answer 12

Any purchase of interest in land

Question 13

What kind of interest does Spiro v Glencrown illustrate?

Answer 13

Option contract

Question 14

At what point in an option contract is mutual consent via S2 LP(MP)A 1989 necessary?

Answer 14

Agreement of the contract, not exercising of the contract.

Question 15

What case demonstrates a contract must be signed?

Answer 15

Firstpost Homes v Johnson

Question 16

What cases demonstrate the necessity for all terms to be included?

Answer 16

Record v Bell
Tootal Clothing v Guinea Properties
Ruddick v Ormston

Question 17

What case demonstrates variations must be included in the contract?

Answer 17

McCausland v Duncan Lawrie

Question 18

Wright v Robert Leonard Dev’ts Ltd

Answer 18

Contract for purchase of a show home, purchaser wanted to buy house with all fittings, crockery etc. When he arrived nothing there. Court could have taken approach that contents was collateral contract, but made equitable remedy of rectification on basis of parties wrongly recording the terms of the contract.

Question 19

Can correspondence ammount to a contract?

Answer 19

No - Commission for the New Towns v Cooper. Must all be contained in one document which can make referecnes to other documents

Question 20

What contracts do not have to comply with S2(LP(MP)A 1989?

Answer 20

Contract to short leases s54(2) LPA1925
Auctions
Creatino of resulting, implied or constructive trusts S53(2) LPA 1925

Question 21

What is the effect of a binding contract?

Answer 21

Equitable contract created, equitable proprietal interest in the land from point of contract.

Question 22

What remedies are available for breach of land contract?

Answer 22

Damages
Specific performance
Injunction
Rectification

Question 23

Why is a remedy available after a contract is formed?

Answer 23

Proprietal right

Question 24

What legislatino necessitates a deed?

Answer 24

S52(1) LP 1925

Question 25

Where are the formalities for a deed found?

Answer 25

S1 LP(MP)A 1989

Question 26

What does LP(MP)A 1989 state?

Answer 26

Clear on its face and intended to be deed
Witnessed
Delivered/dated

Question 27

What is the effect of an invlaid deed?

Answer 27

If fulfills requirements of contract under S2 LP(MP)A then will still be a contract in equity

Question 28

What section governs the effect of non-registration?

Answer 28

s7. LRA 2002; Non registration of registered land, legal title not acquired
Non-registration of unregistered land legal title passed on completion reverts after 2 months

Question 29

Which section governs registration of the freehold?

Answer 29

S4; s27 LRA 2002