Land 1 Flashcards

1
Q
A
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2
Q

How can a proprietary right be recovered?

A

By an action in rem

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3
Q

How can a personal right be recovered?

A

By an action in personam (damages only)

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4
Q

What is definition of freehold estate?

A

Fee simple absolute in possession

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5
Q

How is leasehold estate granted?

A

For a term of years absolute

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6
Q

What is needed to transfer the legal estate?

A

Deed + Registration

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7
Q

What are formalities for a deed to be valid?

A

Makes clear on its face it is intended to be a deed; is signed & witnessed
In writing
Delivered (dated)

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8
Q

What formalities are required for a land contract to be valid?

A

Made in writing, incorporate all expressly agreed terms, signed by both parties

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9
Q

When does legal title transfer in transfer of land?

A

Once registration has taken place

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10
Q

What are triggering events for first registration?

A

Transfer of freehold estate, grant of lease for more than 7 years, assignment of lease with more than 7 years to run,

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11
Q

What is test for a lease to exist (and not be a licence)?

A

Certainty of term (certain duration), exclusive possession, correct formalities used

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12
Q

How is period determined for periodic lease?

A

By reference to how rent is calculated, not when payable (annual 7k payable monthly means annual period lease)

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13
Q

Does occupier have exclusive possession if landlord provides services?

A

No - has a licence

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14
Q

What is effect of a sharing clause on exclusive possession?

A

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.

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15
Q

How will exclusive possession be assessed in business tenancies?

A

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.

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16
Q

What does it mean if occupation agreement contains a right for the landlord to relocate the tenant?

A

It will be a licence not a lease

17
Q

Formalities required for a legal lease of 3 years or less?

A

Tenant granted immediate right to possession without requiring payment of initial sum; fixed term lease needs deed, periodic lease can be made orally provided it is at ‘best rent’

18
Q

Formalities required for legal lease between 3-7 years?

A

Made by deed

19
Q

Formalities required for legal lease of over 7 years in registered land?

A

Made by deed, lease must be substantively registered at Land Registry. If not registered then only gives rise to equitable lease.

20
Q

Formalities required for legal lease of over 7 years in unregistered land?

A

Made by deed, must be substantively registered as grant of lease is trigger for first registration.

21
Q

Formalities required for the assignment of a lease?

A

Deed + Registration

22
Q

What interests in land are capable of being legal?

A

Easements, legal mortgage, right of entry

23
Q

What are corporeal hereditaments?

A

Physical things attached to the land

24
Q

How much of airspace is owned by landowner?

A

Lower airspace, such height as is necessary for the ordinary use & enjoyment of the land & structures upon it