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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
Q

s.52 Law of Property Act 1925 establishes…

A

A deed is requires for ownership of a freehold estate to be transferred.

26
Q

s.1 Law of Property (Miscellaneous Provisions) Act 1989

A

Deeds must be:
- Signed
- Signature witnessed by 3rd party (signed confirming witness)

27
Q

Where is land defined?

A

s.205(ix) Law of Property Act 1925

28
Q

s.205(ix) Law of Property Act 1925 defines land as…

A

‘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
Q

Corporeal hereditaments

A

Physical property on land: e.g. trees and plants

30
Q

Incorporeal hereditaments

A

Intangible rights on land: rights not visible on the land including easements and restrictive covenants.

31
Q

What is the effect of a trust on land?

A

Trusts fragment land ownership into:
Legal ownership
Equitable ownership

32
Q

What is an equitable estate

A

Proprietary interest awarded to family who originally owned land.

33
Q

s.1(3) Law of Property Act 1925 establishes - in relation to equitable estates…

A

The interests of beneficiaries under trusts of land remain equitable.

34
Q

Trustee

A

Legal estate owners: entrusted to manage land for the benefit of the equitable estate owner.

35
Q

Beneficiary

A

Equitable estate owner: equity recognises their property rights and enforces them if breached.

36
Q

Beneficial interests

A

Another term for equitable interests in land.

37
Q

Overreaching

A

Applies to registered land and means that a beneficial interest (trust) will NOT be transferred to future purchasers of the land.

38
Q

Where are the powers of trustees outlined?

A

Trusts of Land and Appointment of Trustees Act 1996
TOLATA

39
Q

How are trusts predominantly created?

40
Q

Statutory provision governing express creation of trusts…

A

s.53(1)(b) Law of Property Act 1925

41
Q

s.53(1)(b) Law of Property Act 1925

A

‘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
Q

Which statutory provision governs implied creation of trusts?

A

s.53(2) Law of property Act 1925

43
Q

s.53(2) Law of property Act 1925

A

‘This section does not affect creation or operation of resulting, implied or constructive trusts.’

44
Q

When might an implied trust be recognised?

A

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
Q

Would an implied trust be recognised at law or in equity?

A

In equity ONLY

46
Q

Does s.1(3) Law of Property Act 1925 provide a definitive list of equitable property rights?

A

NO - non-exhaustive list

47
Q

Name the non-exhaustive EQUITABLE property rights listed under s.1(3) Law of Property Act 1925?

A

Restrictive covenants
Estate contracts
Beneficial interests (trusts)
Equity of redemption in mortgage
Proprietary estoppel

48
Q

Unless a right (estate or interest) is listed in:
s. ___ OR s. ___ Law of Property Act 1925
it can NEVER take effect at law…

A

s.1(1) or s.1(2) Law of Property Act 1925

49
Q

Which statutory provision sets out the ‘TRIGGER EVENT’ which now requires title of an unregistered estate to be registered at the Land Registry?

A

s.4 Land Registration Act 2002

50
Q

Which statutory provision details the duty to apply for registration of title and sets out the period of registration?

A

s.6 Land Registration Act 2002

51
Q

s.4 Land Registration Act 2002 establishes…

A

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
Q

s.6 Land Registration Act 2002 establishes that the period of registration is…

A

2 months beginning with the date on which the relevant (triggering) event occurs.

53
Q

Once registered, which provision of the Land Registration Act 2002 applies to land?

A

s.27 Land Registration Act 2002

54
Q

What are the 3 parts of a title register?

A

Part A - property register
Part B - proprietorship register
Part C - charges register

55
Q

Property register

A

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
Q

Proprietorship register

A

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
Q

Charges register

A

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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