General

Question 1

Requirements for a LEGAL estate

Answer 1

By deed s52(1)LPA25

If in possession, not exceeding 3 years, at best rent and no fine payable, no deed necessary

Question 2

Licence

Answer 2

permission from landowner for occupier to do some act on land which would otherwise be trespass

Question 3

Creating a tenancy expressly

Answer 3

By deed
In writing
Orally

Question 4

Implied creation of lease

Answer 4

Intention to create L&T relationship
Enters into occupation
Pays rent on periodic basis

Question 5

If tenancy over 3 years and not by deed

Answer 5

Void but may be:
Tenancy at will
Implied periodic
Equitable under doctrine of Walsh v Lonsdale 1882

Question 6

What is a deed?

Answer 6

s1 Law of Property Misc Prov 89
s130 Companies Act 89
Says it is a deed on face
Executed by all parties
Delivered as a deed

Question 7

Agreement for lease/equitable lease

Answer 7

Doesnt pass rights in land
Defeated by bona fide purchaser for value of legal estate without notice of the rights
Remedy - spec perf
Equitable interest = registered as class C l/c or entry of notice