General Flashcards
During conveyancing (of unregistered land), within what period must an application for first registration be made to Her Majesty’s Land Registry (‘HMLR’)?
2 months from date of completion
What is possessory title?
Possessory title is the class of title which may be awarded by HMLR if the application for title is based on factual possession of the land rather than documentary evidence.
E.g. - On first registration, Her Majesty’s Land Registry (‘HMLR’) is likely to grant possessory title if the unregistered title deeds to the property have been lost and cannot be produced.
Where does the burden of an easement appear on the register?
As a notice on the charges register
What is the process of overreaching?
Where a buyer takes land free of a beneficiary’s interest under a trust through a legal process called overreaching.
The purchase money is paid to a minimum of two trustees and this payment transfers the interest of the beneficiary from the land to the money.
What is an authorised guarantee agreement?
Under the Landlord and Tenant (Covenants) Act 1995, in leases made since 1 January 1996, tenants are automatically released from their covenants upon assignment.
BUT as a condition of giving consent to an assignment, a landlord can require the outgoing tenant to enter into a written obligation called an authorised guarantee agreement, in which the outgoing tenant will act as a guarantor for her immediate successor in title.
What is the four essential characteristics of an easement?
(1) there must be both a dominant and a servient tenement;
(2) the easement must benefit the dominant tenement (a mere personal right will not suffice);
(3) the dominant and the servient tenement must be in separate ownership; and
(4) the right must be of a type recognised as capable of being an easement.
What is an easement of necessity and when does it arise?
Where it is not possible to reach the land without crossing another’s land.
An easement of necessity will be implied in the case of a piece of land that is landlocked
How is a declaration of trust registered on HMLR?
A Form A Restriction will appear on the Proprietorship Register
Can a bank overreach beneficiaries in a property? How?
By overreaching – a legal process whereby a buyer may take free of a beneficiary’s interest by paying purchase money to two or more trustees.
Courts have held that where a mortgage advance is paid to two registered proprietors, payment has been made to two trustees and the interest of the behind-the-scenes beneficiaries overreached. Here, the bank’s payment of the mortgage advance to the married couple (the registered proprietors) means the parents’ beneficial interest is overreached. The bank is not bound by the parents’ interest and can force them to vacate.
What must a bank do before entering into a mortgage agreement (for purpose other than acquisition of property) with a single proprietor where spouse has equitable interest?
If a mortgagee is lending money for a purpose other than the acquisition of the property (for example, to finance one spouse’s business), the other spouse is effectively acting as guarantor of the spouse’s debts. As such, that spouse must be separately represented by another solicitor and given full financial information.
What are the formalities for contract for the sale of land?
In writing and signed.
What are the consequences of failing to register unregistered title within 2 months of completion?
Failure to register within the two-month deadline means that the transfer of the legal estate to the buyer becomes void and the legal estate reverts to the seller.
What are the two classes of personal property?
- Choses in possession - physical - eg car. Does not attach to the land
- Choses in action - not physical. eg. debt or patent. Does not attach to land
What are tangible parts of land called?
Corporeal hereditaments
eg. surface of the land, fixtures, minerals etc.
What are intangible parts of land called?
Incorporeal hereditaments
eg. easements/rights attached to the land
What is the degree of annexation test?
Used to determine whether fixture or fitting.
Test: The greater the
degree of attachment to the land, the more likely the item is to be a fixture
What is the “purpose of annexation” test?
Determines whether fixture.
An item which has been brought onto the land for permanent
improvement is likely to be a fixture regardless of the degree of annexation
What are the requirements for a valid deed?
- In writing
- clearly intended to be a deed
- duly executed (signed, in presence of a witness who attests, and then delivered)
*Delivered means that a party expresses intention to be bound by the deed.
Define right of entry
The right of the interest holder to go upon land after there has been a breach
of agreement.
Define: Profits a prendre in gross
An interest in land independent of other land which enables the owner of the
interest to take something from the land of another (for example, timber or fish) and which may be registered with its own title at HMLR.
Define rentcharge
An interest in land requiring the landowner to make periodic payments in
respect of land to the owner of this interest (who typically was a former owner of the land)
Define profits a prendre appurtenant
An interest in land attached to another piece of land which enables the owner
of the interest to take something from the land of another (for example, timber or fish) and
which may not be registered with its own title at HMLR.
If title to land is unregistered, what is necessary to deduce title?
- Root of title (at least 15 years)
- Unbroken chain of ownership to the current owner
What is the epitome of title?
A collection of copies of documents of title to property along with a chronological list
of the documents included.
When does title pass in respect to unregistered land?
On completion.
Land charge category: puisne mortgage
C(i)
Land charge category: restrictive covenant
D(ii)
