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