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Land Law > Intro. to Land Law > Flashcards

Intro. to Land Law Flashcards

1
Q

Tenure

A

The type of ownership held over a property

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2
Q

Freehold estate - legal definition

A

Estate in fee simple absolute in possession

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3
Q

Leasehold estate - legal definition

A

A term of years absolute

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4
Q

Registered vs unregistered title

A

Registered title - publicly available record of property ownership via the Land Registry, backed by a state guarantee of ownership.

Unregistered title - private ownership of property with no public record. Historic title deeds required to determine true ownership.

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5
Q

Name the 3 ways an easement can be created

A

1) Expressly
2) Impliedly
3) Through prescription

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6
Q

How is an easement EXPRESSLY created?

A

An easement which is intentionally created by the burdened estate owner (grantor) which benefits the estate owner (grantee).

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7
Q

What must happen for an express easement to be enforceable at common law?

A

Easement must be granted in a deed registered at Land Registry.

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8
Q

How is an easement IMPLIEDLY created?

A
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9
Q

How is an easement created BY PRESCRIPTION?

A
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10
Q

Name the 2 estates in land

A

1) Freehold
2) Leasehold

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11
Q

Define a restrictive covenant

A

A formal promise made by a freehold owner (covenantor) to another freehold owner (covenantee) that the covenantor will not use land in a specific way.

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12
Q

Covenantor

A

Freehold owner who makes a promise creating a restrictive covenant on land.

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13
Q

Covenantee

A

Freehold owner who benefits from covenantor’s promise that they will not use land in a specific way (in context of restrictive covenants).

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14
Q

Thomas v Sorrell (1673) establishes that…

A

A licence is permission to use land belonging to another, but is not a legal interest in land.

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15
Q

Is an easement a personal or proprietary interest in land?

A

Proprietary interest

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16
Q

Are restrictive covenants personal or proprietary interests in land?

A

Personal interests ONLY

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17
Q

Are restrictive covenants recognised at law?

A

NO
Recognised in equity ONLY

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18
Q

Define a mortgage

A

The interest in land that the lender gains from the purchaser when the purchaser obtains a loan from the lender.

The freehold estate becomes charged with the loan amount. If the mortgage is not paid, the lender can take possession of the freehold estate if enforced against the freehold owner.

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19
Q

What is the effect of a mortgage?

A

The freehold estate becomes charged with the loan amount and if the mortgage is not paid, the lender can take possession of the freehold estate if enforced against the freehold owner.

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20
Q

s.1(1)(a) Law of Property Act 1925

A

Defines freehold estate

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21
Q

s.1(1)(b) Law of Property Act 1925

A

Defines leasehold estate

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22
Q

s.1(2) Law of Property Act 1925

A

Sets out LEGAL interests in land.

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23
Q

What are the 2 LEGAL interests in land as set out under s.1(2) Law of Property Act 1925

A

Easements
Legal mortgage

24
Q

s.1(3) Law of Property Act 1925 establishes…

A

All estates, interests and charges over land not set out under s.1(2) LPA 1925 are EQUITABLE INTERESTS ONLY.

25
s.52 Law of Property Act 1925 establishes...
A deed is requires for ownership of a freehold estate to be transferred.
26
s.1 Law of Property (Miscellaneous Provisions) Act 1989
Deeds must be: - Signed - Signature witnessed by 3rd party (signed confirming witness)
27
Where is land defined?
s.205(ix) Law of Property Act 1925
28
s.205(ix) Law of Property Act 1925 defines land as...
'Land' includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings... and other corporeal hereditaments... and other incorporeal hereditaments, and an easement, right, privilege or benefit on, over, or derived from land...'
29
Corporeal hereditaments
Physical property on land: e.g. trees and plants
30
Incorporeal hereditaments
Intangible rights on land: rights not visible on the land including easements and restrictive covenants.
31
What is the effect of a trust on land?
Trusts fragment land ownership into: Legal ownership Equitable ownership
32
What is an equitable estate
Proprietary interest awarded to family who originally owned land.
33
s.1(3) Law of Property Act 1925 establishes - in relation to equitable estates...
The interests of beneficiaries under trusts of land remain equitable.
34
Trustee
Legal estate owners: entrusted to manage land for the benefit of the equitable estate owner.
35
Beneficiary
Equitable estate owner: equity recognises their property rights and enforces them if breached.
36
Beneficial interests
Another term for equitable interests in land.
37
Overreaching
Applies to registered land and means that a beneficial interest (trust) will NOT be transferred to future purchasers of the land.
38
Where are the powers of trustees outlined?
Trusts of Land and Appointment of Trustees Act 1996 TOLATA
39
How are trusts predominantly created?
Expressly
40
Statutory provision governing express creation of trusts...
s.53(1)(b) Law of Property Act 1925
41
s.53(1)(b) Law of Property Act 1925
'A declaration of trust respecting any land or any interest therein must be manifested and provided by some writing signed by some person who is able to declare such trust.'
42
Which statutory provision governs implied creation of trusts?
s.53(2) Law of property Act 1925
43
s.53(2) Law of property Act 1925
'This section does not affect creation or operation of resulting, implied or constructive trusts.'
44
When might an implied trust be recognised?
If a legal estate owned by a person or persons that others have contributed to - i.e. through the purchase price or mortgage, equity may imply a trust in their favour.
45
Would an implied trust be recognised at law or in equity?
In equity ONLY
46
Does s.1(3) Law of Property Act 1925 provide a definitive list of equitable property rights?
NO - non-exhaustive list
47
Name the non-exhaustive EQUITABLE property rights listed under s.1(3) Law of Property Act 1925?
Restrictive covenants Estate contracts Beneficial interests (trusts) Equity of redemption in mortgage Proprietary estoppel
48
Unless a right (estate or interest) is listed in: s. ___ OR s. ___ Law of Property Act 1925 it can NEVER take effect at law...
s.1(1) or s.1(2) Law of Property Act 1925
49
Which statutory provision sets out the 'TRIGGER EVENT' which now requires title of an unregistered estate to be registered at the Land Registry?
s.4 Land Registration Act 2002
50
Which statutory provision details the duty to apply for registration of title and sets out the period of registration?
s.6 Land Registration Act 2002
51
s.4 Land Registration Act 2002 establishes...
That upon the happening of a 'TRIGGERING EVENT', including: (a) the transfer of a qualifying estate --- (i) for valuable or other consideration, gift or Court order (ii) by means of assent; OR (iii) giving effect to a partition of land subject to a trust of land.
52
s.6 Land Registration Act 2002 establishes that the period of registration is...
2 months beginning with the date on which the relevant (triggering) event occurs.
53
Once registered, which provision of the Land Registration Act 2002 applies to land?
s.27 Land Registration Act 2002
54
What are the 3 parts of a title register?
Part A - property register Part B - proprietorship register Part C - charges register
55
Property register
Identifies the location and extent of registered property, including reference to an official plan setting out the boundaries of the property. Also sets out the rights benefitting the land.
56
Proprietorship register
Specifies the quality of title, gives name and address of legal owner, shows whether there are restrictions on their power to sell, mortgage or otherwise deal with land.
57
Charges register
Identifies registered mortgage and other financial burdens on a property and whether land is subject to easements or restrictive covenants.

Land Law (2 decks)

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