Land Flashcards
How can proprietary and property rights be enforced?
Proprietary: action in rem (i.e., can recover use/possession of land)
Property: personam (i.e., damages)
Can proprietary and/or property rights be enforced against a 3rd party?
Proprietary: Y
Property: N
How is the status of a right in land determined (i.e., proprietary or not)
- Fixed list
- Nature of right (satisfies substantive characteristics)
- Creation of right (i.e., formalities)
- Protection of right
What are the formalities for a contract for the transfer of the freehold estate?
- In writing
- Contain all expressly agreed terms
- Signed by both parties
For exchange of freehold contract, do terms need to be contained in 1 doc?
No: can be in 2 docs if contracts are to be exchanged, provided they are identical
What doc is required to transfer legal estate?
Deed
What are the requirements of a deed for the transfer of freehold estate?
- Clear on face of doc that it is intended to be a deed (i.e., labelled as such)
- Validly executed by grantor (if individual, need witness to attest)
- Delivered (i.e., sign)
What is the standard form of transfer deed
TR1
When does legal title pass for unregistered land?
On completion of deed
When does legal title pass for registered land?
On registration
By when must registration occur for unregistered land? What if this does not happen?
Within 2 months; otherwise, legal title reverts back to seller
What are 3 examples of sale contracts?
-Agreement for lease (or contract for lease)
-Option agreement
-Right of pre-emption
What is required for a binding land contract to pass as an equitable interest?
- A doc complies with s2 LPMPA (i.e., valid contract for the grant of a lease)
- Specific performance is available (i.e., C must have clean hands)
What happens if a lease is granted to a minor?
Does not create equitable lease, but a trust
Is an estate contract binding and enforceable against 3rd parties?
Proprietary right in land –> capable of this. To work, needs to be protected against 3rd parties.
If 3rd party is donee: bound by estate contract automatically
What remedies are available for breach of a valid land contract?
- Common law: damages (as of right)
- Equitable remedies: SP and PI (at court’s discretion)
What is unregistered land?
Title info (i.e., who owns the property) is contained in various old paper title deeds
What are triggering events for unregistered land?
-Transfer of freehold estate by sale, gift or court order
-Grant of lease >7 years
-1st legal mortgage of freehold or leasehold with >7 years to run
-Assignment of lease of unregistered land with >7 years to run
-Grant of a lease to take effect in possession >3 months after date of grant
What are the 3 principles of registration?
-Mirror (exception: OI)
-Curtain
-Insurance
What is contained on the property register?
-Description of the land by reference to title plan
-Type of estate (freehold/ leasehold)
-Rights benefitting land (e.g., easements)
What is contained in the proprietary register?
-Name & address of registered proprietor
-Restrictions on ability to deal with land (e.g., sale/lease/mortgage)
-Class of title (absolute/ qualified/ good/ possessory)
What are the 4 classes of title?
-Absolute: land is only bound by interests that are registered on title + OI
-Qualified: title has some defect
-Good: leaseholder, not freeholder
-Possessory: applicant is in possession of property or in receipt of rents and profit (e.g., squatters rights)
What is contained in the charges register?
Burdens on land (e.g., covenants, easements, mortgages, leases granted out of the title)
What happens if a transaction which must be registered is not registered?
Transaction is not legally recognised e.g.
-Buyer of freehold estate: not recognised as new legal owner
-T of lease >7 years: not recognised as having a legal lease
-Legal mortgage is not created