land law Flashcards
fee simple absolute in possession
A fee simple absolute in possession is often referred to as a freehold estate. The freehold is one of the only two legal estates in land in England and Wales. The freehold is an estate which is of uncertain duration.
profit a prendre in gross.
profit a prendre appurtenant
A profit a prendre is an interest in land enabling someone to take something from the land of another (for example, timber or fish). A profit a prendre in gross is a profit that can be bought and sold independently and it is not attached to the ownership of any piece of land. Here, the farmer’s right to remove the timber is not attached to any piece of land, so it is likely to be a profit a prendre in gross.
profit a prendre appurtenant is a profit in which the right is attached to a particular piece of land in the same way as an easement. As explained above, the farmer’s right is not attached to any piece of land
A buyer has entered into a contract for the purchase of an office block. The title to the land is unregistered. The transaction is not due to complete for another six months.
Which of the following best describes how the buyer’s position should be protected?
The buyer’s position should be protected by registration of a C(iv) land charge, which protects an estate contract. Where, as here, title to land is unregistered, equitable rights and interests such as an estate contract must be protected by registration as land charges.
A couple in a civil partnership are splitting up. One party sees a solicitor for some legal advice because they are worried that their partner wants them to leave the property which the couple have lived in as their home. The solicitor discovers that the title to the property is unregistered and that their client is not a legal owner of the property.
What advice will the solicitor give to their client in this circumstance?
The solicitor should register a Class F land charge in favour of their client against the name of the legal owner of the property. In the unregistered land system, a non-owning spouse or civil partner may protect their interest in the matrimonial home by registering a land charge (specifically, a Class F charge) against the full name of owner of the property.
A solicitor is acting for the seller of a property which has an unregistered title. The solicitor’s investigation of title reveals that the property is subject to two charges. One charge is in favour of a bank dated 3rd September 1982 and the other is in favour of a Building Society dated 8th July 1989. The solicitor carries out a land charges search to determine whether the Building Society’s interest was properly protected at the time of creation of the charge.
The Building Society’s charge should be registered as a puisne mortgage on the Land Charges Register. A C(i) land charge protects a puisne mortgage, which is a second or subsequent mortgage not protected by the deposit of title deeds. Here, the Building Society has a second mortgage, as their charge is dated after the bank’s first mortgage.
first registration
An application for first registration must be made to HMLR within two months of completion. The conveyance on sale of freehold land is a triggering event which requires an application for first registration to be made to HMLR within two months of completion.
Overreaching.
A buyer has agreed to purchase a property from sellers who co-own the beneficial interest as tenants in common. The buyer’s solicitor has advised the buyer to pay the purchase money to two or more trustees so that the interest of the beneficiaries will transfer from the land to the proceeds of sale.
What legal process does the above describe?
Responses
The legal process described is overreaching. A buyer may take free of a beneficiary’s interest under a trust through a legal process called overreaching. The purchase money is paid to a minimum of two trustees and this payment transfers the interest of the beneficiary from the land to the money
declaration of trust
A declaration of trust sets out the agreement between co-owners as to how their beneficial interest is to be held
Severance
Severance is a process whereby a joint tenancy in equity can be severed.
An authorised guarantee agreement.
The outgoing tenant has entered into an authorised guarantee agreement. Under the Landlord and Tenant (Covenants) Act 1995, in leases made since 1 January 1996, tenants are automatically released from their covenants upon assignment. However, as a condition of giving consent to an assignment, a landlord can require the outgoing tenant to enter into a written obligation called an authorised guarantee agreement, in which the outgoing tenant will act as a guarantor for her immediate successor in title.
