Land Law Flashcards
What is an easement?
A private right enjoyed by one landowner over the land owner by another. There must always be 2 pieces of land, one with the benefit “dominant tenement” and the other being subjected to the burden “the servient tenement”
What are the 3 ways an easement can be granted?
An easement can be granted by
1. Express grant or reservation
2. Prescription - 20 years long use
3. Implication - easement of necessity
When will the landlord have the right to terminate the lease?
The landlord will have the right to terminate the lease if the right to forfeiture is explicitly reserved in the lease.
What is an old lease and what is a new lease?
- Old lease
- A lease before 1 Jan 1996
- original landlord and tenant remain liable for full lease term even after assignment.
New lease
- on or after 1 Jan 1996 when 1995 act came into force
-tenant automatically released after assignment
- no liability after assignment
- under the Landlord & Tenant 1995 act, landlord can require outgoing tenant to give Authorised Guarantee Agreement as a condition of consenting to the assignment.
What are the key characteristics of a lease?
- exclusive possession by the tenant
- a fixed term
- payment of money in consideration
When is an equitable interest binding on a 3rd party?
Only if they have notice of it. Registration constitutes notice, a subsequent buyer of property subject to an equitable interest will be bound by the interest of its registered.
When will a legal notice bind?
Will be binding whether or not the buyer has notice.
How an a non owning spouse/civil partner register their right to occupy the home?
By registration of a class F land charge home occupation rights
What are the Interests that override on 1st registration?
If someone else has a lease of less than 7 years or
* a legal easement
* a local land charge or
* an interest belonging to someone in actual occupation
that interest will override first registration of unregistered land
What is adverse possession?
Acquiring title to land by virtue of possession of it rather than producing documentary evidence.
Adverse possession- unregistered land
- owner allows occupation for 12 years
- owner loses right to recover land
owner can no longer make a court claim to recover the land after 12 years of occupation
What does the squatter have to show if they want to register their title?
Make an application to the land registry showing they had actual physical possession of the land, possession is exclusively to them and it’s been without permission of the landowner.
What are some key aspects of unregistered title?
- based on documentary evidence
- seller has to show an unbroken chain of ownership
- requirements for a document to be a good root of title
title to unregistered land passes on completion
*3rd party interest, legal interest binding regardless of notice. Equitable interest only binding with notice.
- interests which override 1st registration - eg lease of less than 7 years.
- Adverse possession- 12 years
What are first registration triggering events?
- Conveyance
- Assent
- Deed of gift
- Grant/assignment of 7+ year lease
register within 2 months
How can a possessory title be upgraded?
If unchallenged 12 years after the possessory title has been granted the possessory title holder can apply to have it upgraded to title absolute.
Curative effect of registration
