Land 1 - Nature of Land

Question 1

Interests

Answer 1

Profit -Right to go and remove something that exists naturally.

Resulting - contributes

Constructive - contribution other than direct (mortgage repayments not direct etc..).

Option - insist sold to them at any time during fixed period. Option fee usually payable

Statutory rights - FLA 1996 - does not create interest in land.

Question 1

Freehold

Answer 1

Last indefinitely, fee simple absolute in possession
Leasehold - last for fixed period. Term of years absolute.

Question 2

Terms

Answer 2

Puisine mortgage - legal mortgage over registered land not protected by deposit of title deeds.

Time immemorial 1189 - date of legal memory.

Question 3

Land?

Answer 3

Includes land of any tenure, mines and minerals whether or not held apart from the surface buildings or parts of buildings and other corporeal hereidtaments.

Corporeal heriditaments - physical and tangible characteristics of land which are capable of being inherited,
Incorporeal - non-tangible.

Fixtures part, chattels are not.
Test
Degree of annexation
How firmly attached
Presumption can be rebutted.

Purpose of annexation
Takes priority. Enhance or create permanent improvemt then it is a fixture.
If attached for better enjoyment of object then it is a chattel.
Onus on person claiming it is a chattel.
Removed all but by destruction it is a chattel.

Question 4

Interests

Answer 4

Nature
Legal or equitable
has right been protected?

Right will be legal if;
appears in ss1(1) or 1(2) and meets necessary formalities.

Leaseholds -
exclusive possession.

Fixed term

Periodic - fixed but goes on extending automatically unless by notice of landlord.

Commonholds - gives buyer freehold interest with communal areas being run by someone else.

Question 5

Interests capable of being legal

Answer 5

Easements and profits

Rentcharge - right to receive periodic payment charged on land.

Charges by way of legal mortgage

Interest which arise by operation of statute -IHT on charge from legal aid.

Rights of entry

Question 6

Equitable interests

Answer 6

Express trust

Implied trusts

Restrictive covenant

Estate contract - Between contract and transfer.

Statutory right -FLA 1996
-partied are legally married or civil partners
-home is or has been intended as matrimonial home

license - personal right (does not appear in LPA therefore equitable)

Question 7

Transfers

Answer 7

Deed for legal estate or interests in land.
Writing, signed (attested by one witness), clear on face it is deed.

Exception - parol leases. Can be oral
Three years or less
Must take effect in possession
Market rent
Must not charge fine or premium.

Question 8

Equitable rights

Answer 8

Created by

-grant of estate or interest which only exists in equity

-grant of estate or interest by a person who owns only equitable right (by signed document s53(1) LPA 1925)).

-contract to create or transfer a legal estate or interest
Valid contract, specific performance must be available.
Specific performance
-contract, complying with s2 LMPA 1989 and clean hands). Walsh v Lonsdale - done that which ought to be done.

-trying to grant a legal estate or interest but failing to use valid deed
-contract, complying with s2 LMPA 1989, clean hands.

-by express trust.