Land 1 Flashcards
How can a proprietary right be recovered?
By an action in rem
How can a personal right be recovered?
By an action in personam (damages only)
What is definition of freehold estate?
Fee simple absolute in possession
How is leasehold estate granted?
For a term of years absolute
What is needed to transfer the legal estate?
Deed + Registration
What are formalities for a deed to be valid?
Makes clear on its face it is intended to be a deed; is signed & witnessed
In writing
Delivered (dated)
What formalities are required for a land contract to be valid?
Made in writing, incorporate all expressly agreed terms, signed by both parties
When does legal title transfer in transfer of land?
Once registration has taken place
What are triggering events for first registration?
Transfer of freehold estate, grant of lease for more than 7 years, assignment of lease with more than 7 years to run,
What is test for a lease to exist (and not be a licence)?
Certainty of term (certain duration), exclusive possession, correct formalities used
How is period determined for periodic lease?
By reference to how rent is calculated, not when payable (annual 7k payable monthly means annual period lease)
Does occupier have exclusive possession if landlord provides services?
No - has a licence
What is effect of a sharing clause on exclusive possession?
If landlord reserves right to share this may mean there is no exclusive possession. But need to look at circumstances to decide if a genuine sharing clause or a sham clause.
How will exclusive possession be assessed in business tenancies?
Look at document as a whole to see if landlord retains control. Look at degree of control exercised by landlord and whether this is consistent with exclusive possession by tenant.
