Land Law Flashcards
What is real property?
Land or an interest in land
What is personal property?
Tangible items - car /refrigerator
What are the 2 classes of personal property?
Choses in Possession
Choses in Action
What is a chose in possession?
Physical moveable things such as a car
What is a chose in action?
Rights which do not have physical evidence such as debts and patents
What are corporeal hereditaments?
Tangible items of land such as the surface, buildings, mines and minerals, trees, plants, air above the surface ground below the surface, fixtures
What are incorporeal hereditaments?
Intangible parts of land such as any rights, easements and rents
What is the theory of land ownership?
Own up to the heavens and to the centre of the earth
What is the extent of land ownership in practice?
Landowner is allowed rights in the airspace only for the height necessary for ordinary use and enjoyment of the land and structures on it
Is a freeholder entitled to all minerals under his land?
No, ownership of coal, oil and natural gas is laid down by statute and the Crown is entitled to any golds, silver and treasure found under the land
Does a landowner own wild animals on their land?
No but they do have the right to hunt them
Does a landowner own the water running through their land?
No however subject to the appropriate licence can use the water
Does the landowner have the right to develop their land?
Yes subject to planning control
What is a fixture?
Objects are annexed to the land or a building so they become part of the land
What is a fitting
Objects which do not become part of the land are just merely there
What is the importance of the difference between a fitting or fixture?
A fixture will remain and a fitting will be removed on completion
What are the 2 tests to determine whether an item is a fitting or fixture?
- Degree of Annexation
2. Purpose of Annexation
What is the Degree of Annexation Test?
The greater the degree of attachment to the land, the more likely the item is to be a fixture.
What is the Purpose of Annexation test?
Looks at whether the item was brought onto the land with an intent to make a permanent improvement or only temporary one.
Who is the owner of an area of land?
The Crown owns all land in England and Wales
What is a freehold estate?
An estate which is for an uncertain duration and someone does not know when it was created or when it will end
What is a fee simple absolute possession?
Freehold ownership of land
What is a leasehold estate?
Ownership in land for a fixed maximum duration.
What is a common hold estate?
Makes it easier for common hold owners to comply with positive covenants.
What 3 conditions does the creation of a common hold estate require?
- Freehold estate must be registered as a freehold estate in ‘common hold land’
- Land must be specified in Memorandum of Commonhold Associations as land in relation to which the Association is to exercise functions
- There must be a common hold community statement which makes provision for the rights and duties of the Association and of the unit holders
What are the 2 legal estates?
Freehold and Leasehold
What are the 5 legal interests?
Mortgage Easements Rentcharges Profits a prendre Rights of entry
What is a mortgage?
A loan secured against the property which entitles the lender to certain rights including the right to sell the property upon default
How can a legal mortgage be secured?
By deed
What is an easement?
A right which exists over a piece of land which benefits a different piece of land
What is a servient tenement?
The person who owns the land over which an easement is granted
What is a dominant tenement?
The person who owns the land who benefits from the easement
What is a rent charge?
An interest in land requiring the landowner to make periodic payment in respect of land to the rent charge owner.
What rights do a rent charge owner have?
A right of entry which means in the event of the death of rentchargee the owner may enter the premises
What is an estate rentcharge?
Where a new estate is being implemented, a rent charge is put in place to cover the cost of maintenance of common areas
What is a profit a prendre?
Interest in land enabling someone to take something from the land of another
What are the 2 types of profit a prendre?
In gross
Appurtenant
What is a profit a prendre in gross?
A right exercised for the personal benefit of the owner and can be brought and sold independently to land.
What is a profit a prendre appurtenant?
The right is attached to a particular piece of land in the same way as an easement.
What are rights of entry?
Right to enter a property (usually in a lease)
When would an equitable interest be created?
Where the formalities of a deed aren’t properly executed
What are the 4 types of equitable interests?
Equitable mortgage
Restrictive covenants
Postitive covenants
Estate contracts
What is an equitable mortgage?
An agreement to create a mortgage not secured by deed however requires sufficient evidence in writing to its terms
What is a restrictive covenant?
A covenant that is negative in nature that can be enforced against a later owner of a burdened land
What are positive covenants?
A covenant that is positive in nature (for the landowner to do something)
What is an estate contract?
Where a person enters into an agreement to buy land, the person is deemed to have an equitable interest in the land from the date of the contract.
What would an option to purchase land be classed as?
As an estate contract
What are the requirements for the creation of a legal and equitable interests?
Valid contract
Valid deed
What are the elements of a valid contract for the creation of legal and equitable interests?
- Offer by one party and acceptance by another
- Consideration
- Intention to create legal intentions
- Parties with legal capacity
- Must be in writing and include all terms parties have agreed to
- Be signed by all contracting parties or someone with authority
What are the elements of a valid deed for the creation of legal and equitable interests?
- In writing
- Clearly intended to be a deed
- Duly executed as a deed
- Signatures witnessed
When would a deed not be required to create a legal or equitable interest?
Assents by personal representative
Disclaimers made under the Insolvency Act 1986
Surrenders by operation of law including surrenders which may be affected without writing
Leases, tenancies or others assurances not required by law to be made in writing
What is the process of ‘deducing title’?
Proving the seller owns the land they are selling
How can a title be deduced for unregistered land?
By providing a good root of title and demonstrate an unbroken chain of ownership
How long must a root of title be in order to be satisfactory?
15 years
What are the 4 documents that can be used to evidence the root of title?
Conveyance - when a person purchased the land
Deed of Gift - no money exchanged
Mortgage Deed - mortgage granted to current owner
Assent - transfer from personal respresentative to correct beneficiary of the land
For a root of title to be classed as a ‘good’ root of title, what must the document provide?
Be at least 15 years old
Deal with whole legal and equitable interest in the property
Contain adequate description of the property
Do nothing to cast doubt on the title
What is the epitome of title?
A chronological list of documents with a copy of each document attached to the epitome.
When will the original documents for registration be sent to the buyers solicitors?
On completion
What is the process of investigating title?
Checking the documentation provided to ensure a seller owns what they are purporting to sell
What are requisitions in an unregistered transaction?
Any queries raised about the title by the buyers solicitors
When does the title to unregistered land pass to the buyer?
On completion
What is the time limit for first application for registration to be made after completion?
2 months
Will a buyer be subject to legal interests affecting the title?
Yes
Where would the legal interests in a unregistered title be found?
By checking the deeds and possible by inspection of the property
Will a buyer of an unregistered land be bound by equitable interests?
Only if they have been made aware of them
How can equitable rights and interests be protected?
By registration at the Land Charges Department
What category would a puisne mortgage be registered?
C(i)
What category would a limited owners charge be registered?
C(ii)
What category would a general equitable charge be registered under?
C(iii)
What category would an estate contract be registered under?
C(iv)
What category would an interest relating to tax paid in death fall?
D(i)
What category would a restrictive covenant fall?
D(ii)
What category would an equitable easement fall?
D(iii)
What would a class F Land Charge protect?
Non-owing spouse’s statutory right of occupation of the matrimonial home under the Family Law Act 1996
What is the doctrine of notice in unregistered land?
A buyer will not be bound by an equitable interest if they can show:
- They acted in good faith with genuine and honest absence of notice
- They were a purchaser for value
- They acquired legal estate or legal interest
- They had no notice of the equitable interest
What are the 3 ways notice of a legal or equitable interest can arise?
- Actual Notice
- Constructive Notice
- Imputed Notice
What is actual notice of an equitable interest?
The person must had had actual knowledge of the equitable interest
What is constructive notice of an equitable interest?
If the buyer made a reasonable enquiry, they would have discovered for themselves the interest
What is imputed notice of an equitable interest?
Notice given to an ‘agent’ of the buyer will be deemed to be notice given to the buyer themselves
What interests override first registration?
- A lease granted for 7 years or less
- Legal easement
- Local land charge
- An interest belonging to a person in actual occupation so far as relating to the land they occupy
What is adverse possession?
Process of acquiring title to land by dispossessing the previous holder and occupying the land
What does the Limitation Act 1980 provide regarding adverse possession?
If someone with an estate in land allows it to be occupied by someone else for 12 years, they will lose the right to recover the land
What will an application for adverse possession have to show?
They have actual possession of the land
Possession is exclusive to the applicant
Possession is without the permission of the landowner
What title will be granted if an application for possessory title is successful?
Possessory title
What is a triggering event for first registration?
Conveyance of sale of freehold land
Assent
Deed of gift
Grant of a lease for term exceeding 7 years
Assignment of a lease having an unexpired term of exceeding 7 years
What is the effect of failing to register an unregistered property after 2 months of a triggering event?
The transfer is void and the legal estate reverts back to the seller
Can the 2 month registration period for unregistered land be extended?
Yes, if there is a good reason to do so
What are the 5 classes of title that can be awarded by HMLR?
- Absolute Freehold Title
- Qualified Title
- Possessory Title
- Good Leasehold Title
- Absolute Leasehold Title
What is absolute freehold title?
The registered proprietor takes the legal estate together, with all interests subsisting for the benefit of that estate
What interests is a absolute freehold title subject to?
Interests which are entered onto the register
Overriding interests falling with the LRA 2002 Sch 1
What is a qualified title?
Where a specified interest is excepted from the registration and therefore is not covered by the guarantee of title which would otherwise be available
What is a possessory title?
Based on factual possession of the land rather than documentary evidence
Can a title be upgraded?
Yes if someone can show a better class of title
What is a good leasehold title?
Where the freehold title of a leasehold property has not been produced to HMLR. The proprietor is subject to any rights or obligations contained in the freehold title
What is an absolute leasehold title?
HMLR will award this title where it has inspected all superior leasehold title and the freehold title
What interests can be substantively registered?
Rentcharges
Franchises
Profits a Prendre in Gross
What does it mean if an interest is substantively registered?
Allocated their own title number and register
What is a caution against first registration?
When an application for registration is submitted, those with an interest will be notified so their interest can be investigated.
What dispositions must be registered to be effective?
Transfer of freehold estate
Grant of legal lease for more than 7 years
Express grant or reservation of legal easements, legal profits and legal rentcharges
First legal mortgage
Certain other leases