Interests in land - Lecture Flashcards
Can proprietary rights be equitable and legal?
Yes
S1(2) LPA 1925 sets out the legal interests in land, what are they?
Easements (for set period of time)
Mortgages
Rights of entry
A legal interest must be created by deed, what is the legislation which covers deeds?
S52 1925 s1 LP(MP)A 1989
What are the formalities for creating a legal interest?
Deed
Substantive registration
How does registration affect what must be registered?
If land is already registered then must comply with S27(2)(d)(e)(f) LRA 2002
If land is unregistered then legal charge triggers registry s4(1(g)LRA 2002
What are the 4 steps in creating a legal interest?
On list
Complies with definition
Deed
Registered
What are the 3 ways equitable interests can arise?
- Inherently equitable;
Not on list s1(1) or s1(2) LPA 1925
Recognised pre LPA 1925 as proprietary right
All other interests take effect as equitable interests S1(3)
Failed legal interests;
On list but not properly created
Grantor only has equitable interest
Are equitable interests still propreitary rights?
Yes
What are restrictive covenants?
Where a use of the land is prohibited or restricted.
Can positive covenants be an interest in land?
NO
What is a beneficial interest behind a trust?
Where a party has the benefit of land but someone else holds the legal title. Equitable interest
What is an implied trust?
Where a trus is created through conduct. Often one party named on legal title but 2 parties paid in this context the other party will hold equitable title for their contribution.
What type of interest is an estate contract?
Equitable (as not proprietal as just a contract)
What interests need not be in writing?
Beneficial interests behind an implied trust
Equitable interest arising by way of estoppel
What equitable interest must be in writing?
All other interests other than implied trusts and equitable interest by way of estoppel
