Land II Enforceability of Third Party's Interests Flashcards

1
Q

3 ways to ascertain third party interests

A

investigating the title

carrying out conveyancing searches

advising the buyer to physically inspect the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Difference of legal interest and equitable interests in terms of enforceability

A

Legal interests will bind the world irrespective of awareness or notice

Equitable interests will bind only with notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

List out Class C Land Charges

4

A

C(i) A puisne mortgage which is a mortgage not protected by a deposit with the lender of the title deeds

C(ii) A limited owners charge (rare)

C(iii) A general equitable charge not covered in the other categories (rare); and

C(iv) An estate contract, for example, a contract to purchase, an option agreement, right of pre-emption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

List out Class D Land Charges

3

A

D(i) Tax paid on death (rare)

D(ii) Restrictive covenants; and

D(iii) Equitable easements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain Class F Land Charge

A

a Class F land charge protects a non-owning spouse’s (or civil partner’s) statutory right of occupation of the matrimonial home under the Family Law Act 1996

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Importance of registration of land charge against the correct owner

A

Registration of land charge is not against the address of the property but the correct estate owner.

Application to register a land charge is by the person the right is due, against the estate owner.

If a buyer searches against an incorrect name, they will take the property subject to any entries registered against the correct name of the estate owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

s 198(1) LPA 1925

A

Registration as a land charge constitutes actual notice to all persons of the interest or right registered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In purchasing an unregistered title, for a buyer to take free of an equitable interest unaware of notice of equitable interest (Equity’s Darling), he must

A

Have acted bona fide, w genuine and honest absence of notice

be a purchase for value (not by gift or by assent)

Have acquired a legal estate or legal interest (equitable interest)

no notice of the equitable interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If an interest is not registrable as a land charge for an unregistered title, the 3 kinds of notice for an equitable interest to be made known for the buyer

A

Actual notice: actual knowledge

Constructive notice: had they made reasonable enquiry, they would have discovered for themselves.

Imputed notice: Notice given to an agent of the buyer will be deemed to be notice given to the buyer themselves.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define rights that override first registration

A

When unregistered land is first registered under LRA 2002, it becomes subject to unregistered interests which override first registration (they become automatically binding)

These rights include

A lease granted for seven years or less;
A legal easement;
A local land charge;
An interest belonging to a person in actual occupation so far as relating to the land they occupy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define adverse possession

A

Adverse possession is the process of acquiring title to land by dispossessing the previous holder

Following Limitation Act 1980, if some with an estate that is unregistered and is occupied by someone else for 12 years, the owner will lose the right to recover the land.

The legal owner retains the legal title, but they hold the legal estate on trust for the squatter who is entitled to register in his own name.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A situation where adverse possession may arise

A
  1. deliberate act: try to occupy the land for 12 years. not common.

2, Mistake. A genuine mistaken belief that someone’s else land is his with good faith. the boundaries on the title to the land can be made good with what happened on the ground

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Procedure for adverse possession

3

A

The application must be made to HMLR

The applicant has to show that

They have actual physical possession of land;
possession is exclusive to the applicant(walled or fenced);

the possession is without the permission of the owner(as of right)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The six main categories of legal, statutory and equitable interests in land (LEFTER)

A
Legal lease and legal easement
Equitable lease and equitable easement
s.30 Family Law Act 1996 Right
Trusts
Equitable Contract
Restrictive Covenant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Distinguish Legal easement and equitable easement

A

Legal easement must be equivalent to term of years absolute/forever (s.1(2)(a) and must be made by deed s.52(1)

if the term is uncertain or if the easement is not expressed by deed, the easement is an equitable easement that binds buyers unless they are equity’s darling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Formalities of a legal lease

What is a parol lease

A

A legal lease must be signed witnessed and delivered as a deed that says it is a deed.

Unless it is a parol lease, which
does not have a term exceeding three years
in possession
at market rent without a fine.

17
Q

Define S.30 Family Law Act 1996 Right

A

The claimant must be in marriage or civil partnership with the legal estate owner

the legal owner is still alive

and the Home must be/ have been/ intended to be the matrimonial home

18
Q

Types of Estate contracts

A

can be an equitable lease or an option to purchase land

they must be signed in writing and containing all agreed terms