Key Statutes Flashcards
s.1(1) LPA 1925
Estates capable of being legal
s.1(2) LPA 1925
Interests or charges capable of being legal
s.1(3) LPA 1925
Anything that is not a legal interest or estate is equitable
s.52(1) LPA 1925
Conveyances to be created by a deed
s.54(2) LPA 1925
Parole lease
s.53(1)(a) LPA 1925
Formalities for equitable interest - in signed writing by person granting easement or authorised agent
s.2 LPA 1925
Overreaching
s.27 LPA 1925
Overreaching
s.1(3) LP(MP)A 1989
Signed, witnessed and delivered as a deed
s.2 LP(MP)A 1989
Estate contract to be made by signed writing, incorporating all expressly agreed terms and signed by each party
s.2 LCA 1972
Register of land charges
s.2(4) LCA 1972
Class C land charges (puisne mortgage; limited owner’s charge; general equitable charge; estate contract)
s.2(5) LCA 1972
Class D land charges (Inland Revenue; restrictive covenant; equitable easement)
s.2(7) LCA 1972
Class F land charge (FLA right)
s.3 LCA 1972
Land charge to be registered against owners name
s.4 LCA 1972
Lang charge must be resisted before date of completion of sale
s.27 LRA 2002
Registrable dispositions
s.29 LRA 2002
A registrable disposition needs to be registered by date of registration of the transfer to the purchaser
s.32 LRA 2002
Notice (for equitable interests in registered system)
Sch 3 LRA 2002
Unregistered interests which override registered dispositions
Sch 3 Para 1 LRA 2002
Leasehold estate in land not exceeding 7 years is an overriding interest
Sch 3 Para 2 LRA 2002
Interests of persons in actual occupation is an overriding interest
Sch 3 Para 3 LRA 2002
An implied/prescribed easement is an overriding interest
s.33 LRA 2002
A trust interest cannot be protected by a notice
s.40 LRA 2002
A trust interest can be recorded as a restriction in the Proprietorship Register at the Land Registry by date of registration of buyer
s.30 FLA 1996
The right to occupy a family home; where spouse/civil partner has a statutory right to occupy matrimonial home
