Land

Question 1

To hold land as joint tenants, the 4 unities must be present. What are these?

Answer 1

1. Unity of time: acquired interest at same time
2. Unity of title: acquired interest under same document
3. Unity of interest; acquired same estate for same duration
4. Unity of possession: all entitled to use and occupy whole premises

Question 2

When will the burden of a covenant pass to a successive covenantor?

Answer 2

NEVER passes in common law.

Will pass in equity under Tulk v Moxhay if:
1. Restrictive
2. touch and concerns covenantee’s land
3. original parties intended the burden to run (i.e. express annexation or implied annexation)
4. New owner has notice of covenant (charges register before registered as new owner or D(ii) land charge before completion of sale).

Question 3

Formality Requirements for Easements

Answer 3

Express Legal Easement:
* Deed
* Registered at LR (registrable disposition)

Implied Legal Easement
* implied on sale of part / prescription
* Overriding Interest (binding if exists on date of completion of sale) (binds world if unregistered)

Equitable Easement (uncertain duration)
* Signed writing (grantor only)
* IARE / D(iii) land charge

Question 4

When can a buyer / seller claim an implied easement?

Answer 4

Strict Necessity (both)
Common Intention (both)
Wheeldon v Burrows (buyer)
s62 LPA (buyer)

Question 5

When can a successor covenantee enforce a covenant

Answer 5

Benefit in common law:
* Express Assignment: Assigned benefit when purchased land in signed writing + notice given to covenantor
* Automatic: touch and concerns + legal estates + intended benefit to run (express (deed states cov is for land + successors) or statutory annexation)

Benefit in Equity:
* Touches and concerns + express assignment OR express annexation OR implied annexation

Question 6

What happens if someone has a periodic legal lease but also an equitable lease?

Answer 6

Equity prevails and the equitable lease will prevail over the legal lease.

Question 7

Deed requirements for a legal lease

Answer 7

1. Intended as a deed (labelled Deed)
2. Executed by Grantor (LL) in presence of witness
3. Delivered (dated)

Question 8

Protection of Home Right

Answer 8

Exists if: not divorced, legal owner alive, matrimonial home

Class F Land Charge

IARE - notice on charges register

Question 9

All monies mortgage

Answer 9

Breach entitles lender to call in other loans made to the borrower. This is standard.

Question 10

Ranking of charges

Answer 10

Priority is determined by order entered on register

Question 11

Do you need diversity of occupation for s62?

Answer 11

No

Question 12

s62 or Wheeldon v Burrows

Answer 12

s62: converts permissions
Wheeldon v Burrows: no diversity of occupation

Question 13

Repair or maintain easement if no covenant to contribute to maintenance

Answer 13

• No obligation to construct way
• No obligations to maintain or repair
• Dominant land owner has right to enter servient land when reasonably necessary to construct. If constructs, must be reasonable manner.
  = Dominant or servient can choose maintain or repair but would need to bear whole cost themselves
• neither party can claim a contribution