Land

Question 1

Strand Securities

Answer 1

need both interest and occupation- overriding interests- RT

Question 2

city of London v flegg

Answer 2

need physical presence- overriding interests- RT

Question 3

Chhokpar v Chhokpar

Answer 3

temporary absences dont destroy actual occupation- RT- overriding

Question 4

Link lending v Bustard

Answer 4

in the absence of occupation, continuing intention to return is important- RT- overriding

Question 5

lloyds bank v rosset

Answer 5

doctrine of notice- applies to interests of beneficiary in a trust of land- eg if someone contributes to mortgage payments (such as in this case)- UT

Question 6

kingsnorth v Tizard

Answer 6

occupation doesnt need to be continuous or uninterrupted- UT- doctrine of notice

Question 7

hunt v luck

Answer 7

inspection is necessary- doctrine of notice- UT

Question 8

midland bank trust v green

Answer 8

purchasers actual knowledge of prior interests is immaterial- registrable as land charges- if not registered as a land charge it is void against money or moneys worth- UT

Question 9

oak cooperative building society v blackburn

Answer 9

registration against a fair approximation of the correct name (Frank David Blackburn) is effective against a person who doesnt search at all or who searches against an incorrect version of the name (Francis Davis Blackburn) — actual name was Francis David Blackburn - UT- registrable

Question 10

easement problem question

Answer 10

1. identification of the right
2. is the right capable of being an easement? - re ellenborough park
3. has it been granted/reserved?
   - start with express
   - then implied
   - then prescribed

Question 11

what is an easement?

Answer 11

a right benefitting a piece of land (dominant tenement) that is enjoyed over land owned by someone else (servient tenement)

Question 12

how do we know an easement is legal? conditions?

Answer 12

s1(2) LPA
to be legal the easement must be created
- by deed expressly or impliedly
- and for an interest equivalent to freehold or leasehold- s1(2)(A)

Question 13

re ellenborough park

Answer 13

4 criteria for a right to exist as an easement
- there must be a dominant and a servient tenement
- the easement must accommodate the dominant tenement
- the dominant and servient tenements must not be owned and occupied by the same person
- the easement must be capable of being granted by deed

Question 14

peacock v custins

Answer 14

• dominant and servient tenement
  -must be land for the benefit of which the easement exists and land over which it is exercisable
• farmer claimed the right to use a right of way to access a field that was not included at the time of the original grant- couldn’t do it as the extent of the right was determined by reference to the land referred to in the original conveyance

Question 15

Pugh v savage

Answer 15

• the dominant and servient land doesnt need to be adjoined but they should be close enough to establish a connection
• easement must accommodate the dominant tenement- must bestow some benefit to the land itself

Question 16

the easement must be capable of forming the subject matter of the grant

Answer 16

3 main requirements
- right claimed must be sufficiently definite
- right must be within the general nature of rights
- must be a capable grantor and grantee

Question 17

rights must be within the general nature of rights

Answer 17

choose relevant ones from this list
- cannot impose a duty/make the servient owner pay money (Regis property v redman)
- cant take anything away from the land except water (race v ward)
- cannot give exclusive/joint/substantially permanent possession of the servient land (wright v macadam)
- negative easements are unlikely to be recognised by the courts- ie one that restricts the activities of the servient owner- only ones recognised are those of light, air and support

Question 18

express reservation or grant

Answer 18

• by reservation in the conveyance on sale of the land owned by the seller (land sold being the servient and the land retained being dominant)
• or by deed granting the right to the dominant owner and his successors in title

Question 19

reservation of an easement

Answer 19

• no easements will be implied in favour of the grantor- must do it expressly if he wishes to reserve any easements
  UNLESS
• necessity- implied in favour of a seller who has sold the land surrounding his house and the right of way is necessary to get to his land- Sweet v Summer
• common intention

Question 20

implied grant of an easement 3 circs

Answer 20

• necessity/common intention- Wong v Beaumont
• s62 LPA 1925
• Wheeldon v burrows

Question 21

(easements) S62 when to use and conditions

Answer 21

• use when there is a landlord and tenant
• meant to be a word saving provision- existing easements transfer automatically- wright v macadam
  conditions
• must be a conveyance
• cant be owned and occupied by same person
• capable of being an easement

Question 22

Wheeldon and burrows- when to use

Answer 22

quasi easement- when there is a sale of part of the land
3 conditions
- continuous (reasonable habitual enjoyment) and apparent (common sense you should have it)
- necessary for reasonable enjoyment (inconvenient to have to do something to change the right)
- in use at the time of the sale (reasonably proximate time scale before the sale)

Question 23

presumed grant (prescription)

Answer 23

• need at least 20+ years of use
• needs to be as of right (without force, without secrecy, without permission)
• go straight to prescription act

Question 24

covenant problem question

Answer 24

1. state the covenant and nature of interest- mention covenants are enforceable as a matter of contract
2. look at running of the benefit and burden- what has been passed on
3. can the restrictive covenant be discharged/released

Question 25

running of the benefit- common law- 4 conditions - covenant

Answer 25

• covenant must touch and concern the land- smith and snipes hall farm
• there must be an intent that the benefit should run with the land (look for express intention- “successors in title” if none, s78 LPA implied intention)
• at the time of the covenant the covenantee must have held a legal estate in the land
• the person claiming to enforce the covenant must derive the title from or under the original covenantee

Question 26

running of the benefit- equity- 3 ways to do it - Cov

Answer 26

• annexation- express/implied/statutory
  express- the wording of the covenant needs to say it is for the benefit of named land (if this is there dont discuss other methods)- rogers v hosegood
  mention implied but then go straight to statutory
  statutory- federated homes case
• express assignment
• by scheme of development

Question 27

federated homes case

Answer 27

s78 LPA has the effect of automatically annexing the benefit to land if
- covenants touched and concerned the land
- land is identifiable
- must be no contrary intention

Question 28

running of the burden- common law- Cov

Answer 28

the burden cannot pass to successors UNLESS
- you are leasing instead of selling it freehold (relying on the enforceability of covenants between landlords and tenants)
- by a chain of indemnity contracts- always relevant if it is a positive covenant
- doctrine of mutual benefit and burden- cant have the benefit without complying with a corresponding obligation

Question 29

halsall v brizell

Answer 29

wanted a right of way without having to pay maintenance towards it- cant do it cuz of the doctrine of mutual benefit and burden

Question 30

running of the burden- equity- covenants

Answer 30

tulk v moxhay
4 requirements
- Cov must be restrictive in substance
- covenantee must at the time of the creation of the Cov have owned land for protection of which the Cov is made- LCC v Allen- Cov wasn’t binding because LCC hadn’t owned the land
- burden must be intended to run with the land
- owner of the servient tenement must have notice for it to bind them

Question 31

releasing/discharging restrictive covenants

Answer 31

unity of seisin- if the benefited and burdened land is owned by the same person all covs are extinguished
inconsistent usage- if a wholly inconsistent usage is allowed over a long period of time their right to enforce is lost
deed of release
discharge- s84 LPA- only restrictive

Question 32

essential requirements for a lease

Answer 32

• must confer on the tenant an exclusive right to possess the land
• and be for a fixed, ascertainable period
• and comply with the appropriate formalities

Question 33

street v mountford

Answer 33

• granted a licence
• but they had exclusive possession
• so it was a lease- didnt matter the intention

Question 34

lace v chandler

Answer 34

lease granted for the duration of the war
- wasnt a lease as that’s not a fixed period

Question 35

formalities for a lease over 3 years

Answer 35

• granted by deed
• S2 LPMPA 89 requirements
• to assign the lease a deed is required- crago v Julian

Question 36

formalities for a lease under 3 years

Answer 36

dont need a deed as long as
- 3 years or less
- takes effect in possession (move in immediately)
- at the best rent reasonably obtainable (market value)
- no fine is taken (if a premium/lump sum is paid it doesnt apply)

Question 37

how an equitable lease can arise

Answer 37

• parties have entered into an agreement for a lease but haven’t granted one by deed
• parties have attempted to create a legal lease but one or more of the formalities haven’t been complied with
• in these circs- walsh v Lonsdale- if the contractual formalities have been satisfied then parties may seek specific performance in the courts and may be granted a legal lease

Question 38

2 types of lease

Answer 38

periodic tenancy- “yearly lease”- determine it by the notice to quit- if it is at lease a month then it will be a monthly tenancy
fixed period- can end earlier than specified if
- surrender (t yields lease to L)
- merger (t buys the estate or a third party buys both)
- forfeiture
- break clause