Land - Interests and 3rd Parties

Question 0

s1(2) LPA

Answer 0

There are five legal interests in land:

• easement/profit à prendre
• charge by way of legal mortgage
• rentcharge
• landlord’s right of re-entry
• tithe

Question 1

s1(1) LPA 1925

Answer 1

There are only two legal estate in land:

• fee simple
• term of years absolute

Question 2

s52(1) LPA 1925

Answer 2

Legal interests/estates must be granted/conveyed by deed

Question 3

ss1(2) and (3) LP(MP)A 1989

Answer 3

A deed must be:
- identified as such
- signed and witnessed
- delivered
(- pre-31/07/90 sealed)

Question 4

s1(3) LPA 1925

Answer 4

All other estates/interests take effect only in equity, and may include:

• estate contract
• trust interests
• restrictive covenants
• spouse’s statutory right of occupation

Question 5

s30 FLA 1996

Answer 5

Spouse’s statutory right of occupation

Question 6

s2 LCA 1972

Answer 6

The following equitable interests must be protected by a notice on the land charges register:

• puisne mortgage C(i)
• estate contract/equitable lease C(iv)
• restrictive covenant D(ii)
• equitable easement D(iii)
• spouse’s right of occupation F

Question 7

s3 LCA 1972

Answer 7

Notice of charge must be registered against owner’s name

Question 8

s4 LCA 1972

Answer 8

Notice must be register by date of completion of sale

Question 9

s2(1)(ii) LPA 1925

Answer 9

Interests under a trust may not be protected as a land charge, but may be overreached in UL

Question 10

s198 LPA 1925

Answer 10

Registration of a land charge constitutes actual notice

Question 11

Kingsnorth Finance v Tizzard

Answer 11

Notice is imputed where buyer’s agent had notice (in course of the same transaction)

Question 12

s199(1) LPA 1925

Answer 12

Constructive notice arises where proper inquiry should have been made

Question 13

Hunt v Lock

Answer 13

Constructive notice arises where proper inspection should have been made

Question 14

s27 LRA 2002

Answer 14

Registrable dispositions only take effect once registered, and include:

• legal easements expressly granted
• legal charges, i.e. mortgages
• legal leases of more than 7 years

Question 15

Sch. 3 paras. 1-3 LRA 2002

Answer 15

Overriding interests that override on subsequent registration include

• legal leases for less than 7 years
• right of person in actual occupation
• legal easement granted by prescription/implication

Question 16

s32 LRA 2002

Answer 16

All other legal and equitable interests not mentioned take effect in RL as minor interests and must be protected by a notice on the register

Question 17

s4 LRA 2002

Answer 17

Certain qualifying events trigger requirement for first registration of UL:

• transfer of unregistered freehold estate
• grant of first legal mortgage on UL
• Grant/assignment of legal lease of more than 7 years

Question 18

s11 LRA 2002

Answer 18

Following first registration, the following intents will override provided they are in existence by date of registration:

• legal leases of less than 7 years
• interests of person in AO
• legal easements/profits

Question 19

Williams & Glyn’s Bank v Boland

Answer 19

AO requires physical presence on the land

Question 20

Lloyds Bank v Rosset

Answer 20

Visiting property to supervise renovations is sufficient physical presence

Question 21

Kling v Keston

Answer 21

Car parked regularly in the garage is sufficient physical presence

Question 22

Chhokar v Chhokar

Answer 22

Temporary absence will not amount to an absence of physical presence, e.g. stay in hospital

Question 23

Stockholm Finance v Garden Holdings

Answer 23

Prolonged absence will no longer constitute physical presence, e.g. 2-year round-the-world trip

Question 24

Strand Securities

Answer 24

Physical presence must be by the person claiming the right, not his agent/relative

Question 25

Sch. 3 para. 2 LRA 2002

Answer 25

Right of person in AO will only override if: - buyer had actual knowledge of the occupation - occupation was/would have been obvious from reasonably careful inspection - person in AO failed to disclose his right upon inquiry although it would be reasonable to expect him to do so

Question 26

s28 LRA 2002

Answer 26

Disposition of RL other than for valuable consideration, e.g. gift or fraud, will bind donee to rights already in existence

Question 27

s29 LRA 2002

Answer 27

Buyer for valuable consideration of RL will only be bound by registered rights and overriding interests; otherwise, he take free of them

Question 28

s199(1)(i) LPA 1925

Answer 28

If a right capable of registration in UL is not protected as a land charge, the BFPFVWN takes free

Question 29

s4(6) LCA 1972

Answer 29

Unregistered class C(iv) and D(iii) charges are only void against a purchaser for money/money's worth in UL