Land

Question 1

A legal mortgage must be made by _____. Which means it must:

Answer 1

Deed
Be clear on its face that it’s a deed, signed by borrower/mortgagor, attested (witnessed), and delivered (usually by dating the document)

Question 2

Redemption date

Answer 2

Earliest date loan can be paid in full and property redeemed

Any clause attempting to exclude right to redeem is void
Term postponing right to redeem will be void if it makes the right illusory

Question 3

Repayment period

Answer 3

Longest time that can be taken to pay off the mortgage in full

Question 4

5 remedies for mortgagees to enforce their security (legal mortgages)

Answer 4

1. Sue for debt: often little practical use bc the borrower likely hasn’t paid bc they don’t have the money
2. Take possession: can take possession at any time if borrower defaults but if there is a dwelling, can only get possession via courts
3. Foreclosure: does not arise until contractual date for repayment has passed, extinguishes right to redeem, court order to pass legal estate from borrower to lender (used rarely)
4. Sell: don’t need to apply for court if mortgage created by deed and redemption date has passed.
   But only exercisable if: interest payments >2mo arrears, written request for payment and 3 months passed without it OR breach of another term of mortgage (will usually take possession first)
5. Right to appoint receiver as agent of mortgagor: usually commercial, receiver manages or sells property

Question 5

Covenantor

Answer 5

Person entering into the covenant (usually the buyer)

Question 6

Covenantee

Answer 6

Person having the benefit of the covenant (usually the seller)

Question 7

Essential characteristics of a lease

Answer 7

Certainty of term
Exclusive possession
Appropriate formalities

Plus requirements of contract law like intention to create legal relations

Question 8

Requirements for good root of title

Answer 8

At least 15 years old at date of contract
Deal w whole legal and equitable interest in the property
Contain an adequate description of the property
And
Do nothing to cast doubt on title

Question 9

What is the epitome of title

Answer 9

Chronological list of documents with a copy of each document attached to the epitome

Question 10

How long after a triggering event does an application have to be made to HMLR?

Answer 10

Within 2 months

Question 11

What happens if fail to register title?

Answer 11

Transfer of the estate becomes void and reverts to the seller

Question 12

What estates can be substantively registered with their own title number and register?

Answer 12

Estates in land (freehold and leasehold)
Rentcharges
Franchises
Profits a prendre in gross

Question 13

What’s on the charges register?

Answer 13

Encumbrances on the land such as restrictive covenants or mortgages

Question 14

What’s on the property register?

Answer 14

Identifies the property by postal address and reference to title plan
Specifies legal estate held and details of the lease if a leasehold
Any rights benefitting the property

Question 15

What’s on the Proprietorship Register?

Answer 15

Specifies class of title held and name of holders of legal estate
Any restriction affecting title

Question 16

Degree of annexation test

Answer 16

the greater the degree of attachment to the land, the more likely it is to be a fixture.
if so firmly affixed with nails, screws or the like that removing it will damage the remaining structure, likely to be a fixture

Question 17

Purpose of annexation test

Answer 17

fixture vs fitting: whether the owner intended to make the item a permanent part of the land, such as a statue that is a focal point of the architectural design
if degree and purpose of annexation tests conflict, purpose test prevails

Question 18

Name the possible legal estates in land

Answer 18

freehold (fee simple) or leasehold (term of years absolute)

Question 19

the 5 legal interests

Answer 19

must be created by deed.
mortgage
easement
rentcharge
profit a prendre
right of entry

Question 20

Easement

Answer 20

right to use one piece of land (servient tenement) for the benefit of another (dominant tenement)

Question 21

Rentcharge

Answer 21

relatively uncommon in practice
requires a landowner to make a periodic payment in respect of land to the rentcharge owner (typically a former owner of the land)

Question 22

profit a prendre

Answer 22

an interest in land enabling someone to take something from the land of another

Question 23

profit a prendre appurtenant

Answer 23

a right attached to a second parcel of land in the same way as an easement (right to take timber or fish)

Question 24

profit a prendre in gross

Answer 24

right owned personally by the profit holder not attached to ownership of a second parcel of land (a person has a profit a p i g to go onto others’ land to collect peat.) registered with its own title

Question 25

Right of entry

Answer 25

a right, reserve in a leasehold or rentcharge contract enabling the holder to enter the premises under certain circumstance

Question 26

To be valid a deed must:

Answer 26

be in writing
state on its face that it is a deed
be signed by the grantor in the presence of a witness who attests their signature (signs to verify they witnessed the grantor’s signature)
be delivered (shows an intention to be bound, usually by dating or sealing the doc)

Question 27

puisne mortgage

Answer 27

mortgage not protected by deposit of deed with lender (second mortgage etc. for unreg land)

Question 28

if someone receives unregistered property as a gift are they subject to equitable interests?

Answer 28

yes, regardless of whether they have notice of the interest

Question 29

Adverse possession of unregistered land:

Answer 29

claimant can be awarded possessory title if they can show:
they have had actual, physical and exclusive possession of the land for at least 12 years
without permission of the landowner

prevents former owner from bringing a suit to recover the land from the squatter and gives the squatter right to apply for title

Question 30

time frame for application of first registration

Answer 30

within 2 months of date of triggering event

failure to register conveyance -> legal estate reverts to seller as transfer becomes void
failure to register lease or mortgage->transferor has legal title but holds as a bare trustee

Question 31

possessory title

Answer 31

based on factual possession rather than documentary evidence
for ex: title deeds have been lost or adverse possession

Question 32

Good leasehold title

Answer 32

freehold title not been produced to HMLR on application to register the lease

Question 33

Absolute leasehold title

Answer 33

awarded when HMLR inspected all superior leasehold and freehold titles

Question 34

Notice on the register of title

Answer 34

relates to something that burdens the land
ex. covenant, estate contract
binding if there is notice and if fail to enter a notice means the interest will not bind a purchaser for valuable consideration

Question 35

Restriction on the register of title

Answer 35

used to prevent any dealing with the land other than in accordance with the terms of that restriction
ex: tenants in common might put restriction to restrict sales by just 1 of them

Question 36

What is an overriding interest?

Answer 36

an interest which is capable of binding a buyer despite not appearing on register of title

includes:
legal lease of under 7 years
implied legal easements or profits if knew/obvious from inspection or exercised within 1 year
person in actual occupation with a property right in the land

Question 37

implied legal easements or profits a prendre override first registration if:

Answer 37

the buyer knew of it or it would be obvious from inspection
or
it is exercised within one year of the disposition

Question 38

Section 14 of Trusts of Land & Appointment of Trustees Act

Answer 38

used when co-owners can’t agree about when or how to dispose of property
enables 1 co-owner to apply to court for order relating to trustee’s duties including order to sell
relieves the trustee of need to obtain consent or declare nature of other person’s interest

Question 39

S15 of Trusts of Land & Appointment of Trustees Act

Answer 39

sets out factors court must consider in determining s14 order. includes:
-intentions of those who created the trust
-purpose for which the property is held
-welfare of any minor who occupies land

Question 40

Assignment

Answer 40

when tenant disposes of their entire remaining interest in a lease. replaced by assignee
assignee usually required to sign a licence to assign with landlord to create privity of contract between them

Question 41

Essential characteristics of a lease

Answer 41

certainty of term, exclusive possession, appropriate formalities

Question 42

reversionary lease

Answer 42

lease that provides it wont take effect until a later date

Question 43

periodic tenancy

Answer 43

tenancy defined by a period of time such as “yearly”
automatically renews unless one party gives notice they are ending it

Question 44

tenancy at will

Answer 44

personal agreement between landowner and another party which is not an estate in land.
for ex, landowner allows buyer to take possession before the written contract

Question 45

forfeiture remedy

Answer 45

right of landlord to end lease early and re-enter premises as remedy for a tenant’s default
not implied into a lease, only available if expressly included in terms of a lease

even if it is included, statutory protections for tenants including right to settle arrears and apply for relief
LL must service notice to forfeit specifying breach, time to remedy and setting out compensation payable to LL

Question 46

Jervis v Harris Clause

Answer 46

‘self-help’ clause that gives the landlord the right to enter the premises and make a repair if the tenant breaches covenant of repair, landlord gives notice to the work to be done and tenant doesn’t comply
if landlord resorts to self-help, they may recover the costs of the repair as a debt

Question 47

Authorised Guarantee Agreement

Answer 47

landlords may require of outgoing tenant as a condition of consenting to an assignment
tenant acts as guarantor for their immediate successors

Question 48

surrender a lease

Answer 48

tenant gives up possession to the landlord on agreement of both parties

Question 49

merger (lease)

Answer 49

if parties agree that the landlord will transfer the reversion to the tenant

Question 50

if headlease ends via merger or surrender, does sublease end?

Answer 50

no

Question 51

if headlease ends by expiry, NTQ or forfeiture, does sublease end?

Answer 51

generally yes

Question 52

easement implied by existing use will pass on sale of part of a landholding if it is

Answer 52

continuous (in regular use at the time) and apparent (obvious on reasonable inspection), necessary to reasonable enjoyment of the land and was used by the seller for the benefit of the land now being sold

Question 53

Actual notice (equitable interests)

Answer 53

The person has actual knowledge of the interest

Question 54

Constructive notice (equitable interest)

Answer 54

Had they made reasonable enquiry, they would have discovered it

Question 55

Imputed notice (equitable interests)

Answer 55

Notice given to the agent of the buyer

Question 56

Which estates can be substantively registered

Answer 56

Estates in land
Rent charges
Franchises
Profits a prendre in gross

Can all have their own title number and register