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Property Law > Land > Flashcards

Land Flashcards

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1
Q

How does equity affect the layers of ownership?

A

It creates another layer of ownership seperate from legal title creating additional rights / obligations

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2
Q

Who is equity’s darling?

A

A bona fide purchaser for value without notice.

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3
Q

What is the common law feudal perspective?

A
  • Crown has radical title
  • Crown grants (tenure)
  • People “hold” estates and interests in land
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4
Q

How does the Torrens / LTA system simplify land law?

A
  • “Indefeasible title” is given on registration (s 51 LTA).
  • Reduces uncertainty under the old system (common law + equity)
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5
Q

Section 51 LTA

A

51 Title by registration
(1) The registered owner obtains a title to the estate or interest that cannot be set aside….
(2) The title is free from unregistered estates and interests

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6
Q

Section 24 LTA

A

24 Effect of registration
(1) An instrument has no effect to create, transfer, or otherwise affect an estate or interest in land under the provisions of this Act until the instrument is registered.
(2) On registration, the instrument has effect to create or transfer or otherwise affect the estate or interest specified…

Basically:
- unregistered interests cannot effect registered interests

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7
Q

What governs unregistered interests?

A

Equity

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8
Q

What can protects equitable interests?

A

Caveats

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9
Q

What is special about Māori freeholdland?

A

It is subject to special rules preventing alienation.
- Te Ture Whenua Māori Act 1993

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10
Q

What is a fee simple?

A

Full and irrevocable ownership of land.

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11
Q

What is a life estate?

A

Rights for an individual to use the land for the duration of their lifetime.

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12
Q

Trespass to land elements?

A
  • Intentional, unlawful (unauthorised) entry (or other direct interference/intrusion)
  • Land in the possession of another
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13
Q

Remedies for trespass to land?

A

Damages, injunction, also actionable per se (no damage needed)

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14
Q

Variants of trespass to land?

A

Continuing trespass
Trespass by relation
Trespass for permanent injury to the reversion

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15
Q

What is continuing trespass?

A

Trespassing and leaving something brought on.
- P has possession only after thing has been left on the land
- Once thing left, it commences an ongoing trespass rather than just a one off trespass
- Once P gets back possession they can sue in continuing trespass

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16
Q

What is trespass by relation?

A

Time-shifted trespass. First, only have right to possession, later regain possession.
- Plaintiff has right to possession during trespass but not actual possession
- When plaintiff regains possession they can sue and we pretend the trespass happened while they has possession

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17
Q

What is trespass for permanent injury to the reversion?

A

Based on damage to present interest in a future reversion.
- P not in possession but with reversionary interest
- Sufficiently perminant damage caused to reversionary interest
- P can sue for injury to the reversion

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18
Q

What is action for recovery of land?

A

Have right to possession, but have not regained possession.
e.g.
- Tenant at end of the term refuses to leave land
- Landlord can sue in recovery of land to get land back and damages

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19
Q

What does possession of land require?

A

(1) An intention to possess the land
(2) Exercise of control over the land to exclude others

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20
Q

Who is presumed to be in possession of land?

A

Owner/people claiming through owner.
(Star Energy)

21
Q

If you have possession, may there still be limits on what you can do on your land?

A

Yes!
E.g. Can’t light massive bon fires, as a leasee I cannot have pets, etc.

22
Q

What was the relevant legislation in De Richaumont?

A

S 128 PLA (now repealed).

23
Q

What is our current s 128 PLA 1952 equivalent section? What does it do?

A

S 319 PLA 2007
Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land for purpose of doing any desirable thing to their own land.

24
Q

What interests do you get in a lease?

A

Both proprietary and contractual interests

25
Q

What are elements of a lease?

A
  • Exclusive possession
  • Fixed term / periodic term
  • Made in the correct form (s 24 PLA)
  • Capable of binding third parties
  • Quiet enjoyment
  • Landlord’s refrain from substantial interference
26
Q

S 24 PLA?

A

All dispositions of land must be in writing and signed.
Exceptions:
- ????

27
Q

What distinguishes a license from a lease?

A
  • Purely a personal contractual interest
  • Can never bind third parties - privity of contract
  • No proprietary consequences
  • Cannot exclude others
  • License holder gets a small field of rights while the owner retains most of the rights
28
Q

What interest do you get in a license?

A

A mere personal contractual right

29
Q

What are a tenant’s default obligations under the PLA?

A
  • S 4 Payment of rent
  • S 5 Alteration of buildings
  • S 6 Noxious or offensive acts or things
  • S 13 Lessee to keep and yield up premises in existing condition
30
Q

When a lease is sold, what happens to the contractual obligations of the parties?

A

For change in landlord:
- New landlord receives benefit of all covenants under the lease and is also subject to all obligations that former L had to T.

For change in tennant:
- New tenant becomes current landlord’s tenant. They are owed same obligations and owe same duties as the origional landlord and tenant.

31
Q

What is an example of continuing contractual obligations after sale of a lease?

A

241 Transferor or assignor remains liable
(1) If there has been a transfer or assignment of a lease, the transferor or assignor remains liable to the lessor for—
(a) the payment of the rent payable under the lease; and
(b) the observance and performance of all covenants of the lessee.
…

32
Q

What is Privity of estate?

A

A relationship of estate.
- If there is a relationship of estate, there does not need to be a contractual relationship
- Things enforceable if they directly touch and concern the estate

33
Q

Why does the PLA say nothing about the liability of sub-tenants?

A
  • Those rules are about privity of estate relationships
  • They are not becoming the new tenant
  • They are taking a smaller portion of rights from the tenant
34
Q

Section 12 PLA?

A

12 Power to cancel lease for non-payment of rent or other breach
- The lessor may cancel if
(a) any rent is unpaid for 15 working days after the due date
(b) breach lasting 15 working days

Note: must be in accordance with s 244

35
Q

When may a lessor cancel a lease?

A
  • For non-payment of rent or another breach that has not been remedied in 15 working days
36
Q

Which requirements must a landlord meet when cancelling a lease?

A

Ss 244 - 252 requirements
- Include fair process requirements
- Serve a formal notice on tenant saying want to cancel, specify breach, give time to remedy etc.

37
Q

Who can grant relief to cancellation?

A

S256 - The courts on equitable principles.
- large discretion

38
Q

Any term in lease has no effect if?

A
  • Provides for automatic cancellation on breach
  • Inconsistent with ss 244-264
  • Purpose or effect of term is to try and avoid these sections
39
Q

Who can apply for relief?

A

S 253 - Lesee

40
Q

What are the principles about granting relief in Strong v Hurunui Hotel?

A

Citing Studio X Ltd v Mobil Oil NZ Ltd:
- Whether breach inadvertent or deliberate
- Breach caused by inadvertence or entirely beyond tenant’s control.
- Whether tenant has or will make good the breach and is able / willing to fulfil their future obligations
- Landlord’s conduct
- Tenant’s financial position
- Breach caused lasting damage to the landlord

41
Q

What are the two broad types of interest in land?

A

Legal and equitable

42
Q

What is the Rule in Walsh v Lonsdale?

A
  • When equity will treat an agreement to lease as an equitable lease.
  • The contract must be enforceable. i.e normal contractual requirements, and either:
    1. that it was written & signed etc.
    or
    2. that though oral/unsigned etc., it has been partly performed
43
Q

What is the best possible title you can get?

A

Registered, ‘indefeasible’ title

44
Q

What is the meaning of lease under the PLA?

A

A lease of property, whether registered or unregistered, and includes a short-term lease and an agreement to lease.

45
Q

What are the rules for short term leases?

A

208 PLA - orally or in writing.
209 PLA - lessee occupying land under short-term lease has a legal interest in the land.

46
Q

What is a short term lease?

A

207 PLA - unregistered lease commencing within 20 working days from signing and is for a term of 1 year or less or a periodic tenancy for periods of 1 year or less

47
Q

Section 26 PLA?

A

Doctrine of part performance not affected
- Sections 24 and 25 do not affect part performance law.

48
Q

Are periodic tenancies sufficiently certain?

A

Yes, as they can be made certain on notice.

49
Q

What is the law about leases that terminate on the occurence of a specific event?

A

212 Lease terminating on occurrence of future event
- not invalid so long as the event will be identifiable when it happens
- lease will terminate if event has not occurred within 10 years of signing
- but does not terminate after 10 years if lease provides for its termination (or notice of it) to be given on a fixed date or a date later than 10 years
- these leases cannot be registered but create an equitable estate

Property Law (17 decks)

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