intro of prop law + land reg (land reg q added) Flashcards
what are prop rights?
rights attached to land not owner- means that in event of sale/coveyance/land of property those rights if pruchaser buying in good faith those rights will transfer to owner whereas personal right opp to prop- only establishes self with subsitent owenr
what does most land law stem from?
most matter in land law stem from prop right
what can prop rights be?
prop rights can be estates or interests
what are estates?
estates are in relation to ownership land itself
what are interests?
interests are in relation to rights enjoyed over your land by others
what about no matter what?
no matter what topic in law- prop rights form of esttaes or interests can be legal or equitable
what are legal estates and interest?
legal estates- exist as freehold and leasehold
legal interests- easements, mortgages and rights of entry- if dont fall under any they are equitable interests
also NOT EVERYTIME LEGAL THEY MAYBE LEGAL ITS UP TO COURTS
how do you decide if legal or eq?
legal right -
1 if it falls under s1 lpa 1925
2 does right orginate in deed
3 has it be registered duly
if fulfiled- this legal right is enforcable
what is eq right?
equitable right
opposite of legal - not in s1 , not in deed or not registered, if 1 dont exist may not be eq right
what can athere also be?
these rights do not exist solitary there can be a legal or eq owner bu tust instrument
e.g legal owner= trustee
eq owner= beneficary
legal instrument pre 1925
legal instrument- binds everyone if created prop
eq interest - binds anyone except anyone who didnt have actual notice, constructive notice, imputed notice
statutes for reg land and unreg land?
unreg- land charges act 1972 and law of prop act 1925
reg land - lpa 1925, lra2002
what is unreg land?
title is not reg
distinction btw legal and equitable rights = IMPORTANT
but not they have been finally registered
what is reg land?
TItle reg in land reg
-notice irrel
overriding applies to both types
process for land reg q?
c/w brief – last weeks lecture relevant to coursework, 2nd lecture on land registeration is important to equp with info to do it, cw rep is in essence a prob q where a purcher buys a prexisting registered title from 2 vendors/services – co own he buys pre existing registered title, four stages to conveneycing process – completetion registration when gone thorugh he will be e netere onto the land register, land purchased is , while in ownership of this couple who are joint registered prop= trust btw them bc cowownership, they have power to do what they want with the alnd and granted 7 3rd prties, different rights and interest-c entral interest – to whate xtent 3rd parties does it bind register to land, have 2 consider 2 stage test-1st what is naure o right these third parties have been given are they personal rights (licence) or have they been given some form of property right if so what si the nature of their property right and ,coyld be unders some sort od trust, constructive/option to purchase/easement etc /mortages there are certain property rights come acros I land law could be short lease, list preprty rights 3rd parties can have in regards to land, (bveneficial interest udner a trust which may or not be overreached)- do thses third party rights amlunt to anything? , registered them= bind the purchaser- if they are and none registered, only way they can bind purchaser is if they override, do they fall within exception of overrding interes- LOOK AT SCH 3 of lra (CATCH UP)- emails shows what land register looks like online, conveyancing process- pre contrat stage,exchange of contracts, pratcial completetion (pay balance and purchase money over deposit exchange balance 90% ,keys to proeprtyu and tehe have to assign legal title from seller to purchaser tr1= a deed , sign deed of witness, and assigneds title of property rom transferor to the transferee,witnessed by a 3rd party and tr1 form affects the assignment of the title u purchase), transferred the registered title, there re different forms but that one is the most common and will use in ur coursework!! etc look in tutorial- if your selling over part of your land you would used tp1- transfer apart , if your buying an unregistered title fr1(first reg)= deed of covneyeance and sent to land registry construction to them to take the sellers name off and put your name on as purchaser , tr 1 = standard form ,tr1 = most common transfer deed used , on that standard modelled deed look out for panel 10, box 10 important for coowenership bc if more than 1 person buying that property a nd b co purchasers there will be a trust and panel 10 provides important opportunity to declare expressly that trust , a and b trust themselves as joint tenants/tenants in common, a and b can declare trust themselves – who gets house when die equity, tr1 –it could be a and b holding trust for x y and z = shares you can do what u want in equity yoy can organise who the coowners are and you can do it expressly witnessed in a deed, the point being this being point in 1997 but the form allows this expressed declaration of trust between coowners, panel 10 complies with expressed trust, if both buy house but split up and a pays more and b 10% a I want 90 and b said cant – expressed trust puts decision in concrete both get 50/50 if it said 90/10 different but if joint – 50/50- pnik v Lawrence , the expressed trust beats everything,if tou dot have expressed trust courts will have to contribute – PANEL 10- VERY IMPORTANT IS THERE AN EXPRESSED DECL OF TRUST,?, did theya ctualy fill it in (look in conveyancer on westlaw, issue was about wghat price solicitors give, an whats rtrules on land reg if don’t put it on, people said might put u as properiertor others say that is too opporesive, so effect of it is subject to research done
