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SQE1 > Land Law > Flashcards

Land Law Flashcards

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1
Q

Term for property so attached to land it becomes part of it

A

Fixture

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2
Q

Where does the burden of an easement appear when registered?

A

As a notice on the charges register of the servient tenement

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3
Q

Term for personal property on land that is not so attached to it that it will be sold with the land

A

Fitting

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4
Q

What are the two classes of personal property
Choses

A
  • Choses in possession (tangible)
  • Choses in action (intangible)
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5
Q

What is the difference between corporeal and incorporeal hereditaments?

A

Corporeal hereditaments are tangible aspects of land such as trees, ground, and fixtures.
Incorporeal hereditaments are intangible aspects of land such as rights, easements, and rents.

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6
Q

What are the two tests to determine whether an object is a fixture or fitting?

A
  • The degree of annexation (more attached = more likely to be a fixture)
  • The purpose of annexation (if intended to be permanent = fixture)

Purpose test prevails in case of conflict with degree of annexation test

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7
Q

The Crown owns all the land in England and Wales.
What do individual landowners hold?

A

Estates

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8
Q

Under the Law of Property Act 1925, what are the two types of legal estates?

A
  • Freehold estate (‘fee simple absolute in possession’ - indefinite duration)
  • Leasehold estate (‘a term of years absolute’ - fixed maximum duration)
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9
Q

Term for rarely-used form of land ownership relating to flats and commercial leases on business parks

A

Commonhold

Like a leasehold scheme in which a management company covenants to comply with maintenance obligations and provide services

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10
Q

Term for rights that do not confer ownership of land but are rights over land belonging to another

A

Interests in land

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11
Q

What are the 2 forms of interests in land?

A
  • Legal interests
  • Equitable interests
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12
Q

5 categories of legal interests

MERRP

A
  • Mortgage
  • Easement
  • Rentcharge
  • Right of entry
  • Profits a prendre
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13
Q

Term for loan against property where lender entitled to certain rights, including right to sell property if borrower defaults on secured loan obligations

A

Mortgage

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14
Q

Terms for land burdened and land benefitting from easement

A
  • Servient tenement
  • Dominant tenement
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15
Q

Term for interest on land requiring periodic landowner payments (right to entry reserved in case of default)

A

Rentcharges

Paid to rentcharge owner

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16
Q

What are the two types of profit a prendre?

A
  • Profit a prendre in gross - can be traded independently, not attached to land ownership, may be registered at HMLR
  • Profit a prendre appurtenant - attached to land like easement, cannot be registered at HMLR
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17
Q

Which type of interest in land is preferable due to being easier to enforce and requiring less protection?

A

Legal interest

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18
Q

Term for type of mortgage that can still take effect in equity despite defective deed

e.g. not witnessed

A

Equitable mortgage

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19
Q

Which type of covenant can be enforced against a later landowner?

A

Restrictive (negative) covenant

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20
Q

Term for multiple legal and equitable interests existing in land at the same time

A

Concurrent interests

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21
Q

What is required to create and transfer most legal interests in land?

A

Deed

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22
Q

What are the 4 conditions of a valid deed?

A
  • In writing
  • State it is a deed
  • Signed by grantor & signature attested by witness
  • Delivered (showing intention to be bound e.g. dating or sealing document)
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23
Q

Term in unregistered land system meaning seller must prove they own the estate

The seller must _______ title to the buyer

A

Deduce

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24
Q

How must a seller of unregistered land prove ownership of freehold?

A
  • Good root of title
  • Demonstrate at least 15 years’ unbroken chain of ownership
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25
Q

What do the following consitute in title deeds in unregistered land:
- Document not properly signed
- Incorrect stamp duty paid

A

Defect

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26
Q

Document that evidences the fact that a lender has lent money to the current owner and has taken charge over the land as security for the loan

A

Mortgage deed

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27
Q

What is the document that transfers the land from the personal representative to the correct beneficiary of the land?

A

Assent

Type of title deed

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28
Q

What document is usually used as ‘root of title’?

A

A conveyance deed

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29
Q

Term for chronological list of documents with copies that seller sends to buyer to prove they own the unregistered land

Original title deeds are sent once the sale proceeds have been received

A

Epitome of title

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30
Q

When must the buyer’s solicitor investigate seller’s title?

A

Prior to exchange of contracts

Queries about title are known as requisitions

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31
Q

In equity, what is the point following which both parties are compelled to proceed (also the point the buyer becomes the equitable owner and should insure the property from)?

A

From exchange of contracts

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32
Q

When does the legal title to unregistered land pass to the buyer?

A

When the deed is handed to the buyer’s solicitor

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33
Q

When must an application to HMLR for first registration of buyer’s title to the land be made?

A

Within 2 months of completion

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34
Q

Which type of interests are binding irrespective of notice?

A

Legal interests

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35
Q

How are third-party interests discoverable?

3

A
  • Investigating the title
  • Carrying out conveyancing searches
  • Physical inspection of land
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36
Q

How are legal interests discoverable?

A

Checking deeds and possibly by inspecting property

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37
Q

How are most equitable rights and interests protected?
Why?

A

By registration at the Land Charges Register
Constitutes actual notice (makes it binding on all subsequent landowners)

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38
Q

What are the 3 key Class C land charge categories?

A
  • C(i) Puisne mortgage (second or subsequent mortgage)
  • C(iii) General equitable charge/Equitable mortgage
  • C(iv) Estate contract - e.g. contract to purchase, right of pre-emption
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39
Q

Which land charge would be entered into to protect a buyer from the seller selling the land to someone else in the period before completion of purchase takes place?

A

C(iv) - estate contract

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40
Q

What are the 2 key Class D land charge categories?

A
  • D(ii) Restrictive covenants
  • D(iii) equitable easements
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41
Q

Land charge that protects a non-owning spouse’s statutory right of occupation of the matrimonial home under the Family Law Act 1996

Matrimonial home rights

Not an interest in land but protected by entry of land charge and thereby enforceable against third parties

A

Class F land charge

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42
Q

What does ‘equity’s darling’ mean?

A

A bona fide purchaser for valuable consideration of a legal estate without notice

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43
Q

Which type of equitable interest cannot be protected by a land charge?

A

Beneficial interest under a trust (BIUT)

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44
Q

How is a buyer bound under Beneficial interest under a trust (BIUT)?

A

They are bound unless they can show they are equity’s darling

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45
Q

Three forms of notice

Equity’s darling is a bona fide purchaser for valuable consideration of a legal estate without notice

A
  • Actual notice - person had actual knowledge of interest
  • Constructive notice - would have discovered had they made reasonable enquiry
  • Imputed notice - notice given to buyer’s agent
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46
Q

Which 4 unregistered interests override first registration under the LRA 2002?

A
  • A lease granted for 7 years or less
  • Implied legal easements and profits a prendre
  • A local land charge
  • An interest belonging to a person in actual occupation relating to occupied land
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47
Q

Term for process of acquiring title to land by dispossessing the previous holder and occupying the land

A

Adverse possession

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48
Q

How long must squatter occupy unregistered land for adverse possession to arise?

A

12 years

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49
Q

Three points applicant must show to sucessfully claim adverse possession

A
  • They have physical possession of the land
  • Possession is exclusive to the applicant; and
  • The possession is without the permission of the landowner
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50
Q

Triggering events occurring following which date require unregistered property registration?

A

1December 1990

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51
Q

What are the below examples of?
- A conveyance on sale of freehold land
- An assent
- A deed of gift
- A grant of lease term over 7 years
- An assignment on sale of a lease having an unexpired term of over 7 years

A

Triggering events

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52
Q

When must an HMLR application for first registration of title be made following a triggring event?

A

Within 2 months of the date of the triggering event

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53
Q

What happens if unregistered land is not registered within the deadline following a triggering event?

A

The transfer becomes void and the legal estate reverts to the seller

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54
Q

Which party is usually responsible for perfecting the title by effecting registration?

A

Buyer

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55
Q

Which updated document is produced by HMLR following the registration of a disposition?

A

Title Information Document

An updated copy of the register reflecting the disposition

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56
Q

Which register details the class of title awarded by HMLR and the Registered Proprietor?

A

Proprietorship Register

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57
Q

What is the best class of title that can be awarded?

A

Absolute freehold title

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58
Q

Which class of title is based on factual possession of land rather than documentary evidence?

Used for adverse possession

Can be trumped by someone with a better title

A

Possessory title

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59
Q

Which class of title means the freehold title was not produced to HMLR on application?

A

Good leasehold title

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60
Q

What is the difference between absolute title and good leasehold title?

A

In good title, the guarantee of the register does not extend to the freehold estate or any superior leasehold titles, meaning the proprietor is subject to any rights or obligations contained in them.

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61
Q

When would HMLR award an absolute leasehold title?

A

When it has inspected all superior leasehold titles and the freehold title

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62
Q

What are the 4 estates that can be substantively registered (with their own title number and register)?

A
  • Estates in land (freehold and leasehold)
  • Rentcharges
  • Franchises
  • Profits a prendre in gross
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63
Q

If accepted by HMLR, what does a caution against first registration do?

A

Ensure a party with an interest in unregistered land is informed if that land is about to be registered

Caution is allocated its own caution title number, individual caution register, and caution plan

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64
Q

In caution against first registration, when will the cautioner be given a specified period to either object to the application for registration or give notice that they do not intend to object?

A

If the caution is lodged and is unchallenged when the property is about to be registered

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65
Q

What will the Registrar notify the cautioner if estate owner applies for caution to be cancelled?

A

That his caution will be cancelled unless an objection is made within the prescribed period

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66
Q

In the registered system, what is required before the legal estate can be transferred?

A

Registration of the disposition must be completed at HMLR

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67
Q

Which 3 registers is the register of title divided into?

A
  • Property Register
  • Proprietorship Register
  • Charges Register
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68
Q

On which register within the Register of Title would a restriction affecting the title appear?

A

Proprietorship Register

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69
Q

On which register within the Register of Title would beneficial rights (e.g. right of way over neighbour’s land) appear?

A

Property Register

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70
Q

On which register within the Register of Title would details of encumbrances on the land (e.g. restrictive covenant, mortgage) appear?

A

Charges Register

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71
Q

Which 2 third-party interests must be registered on a title to take effect at law?

Can still take effect in equity if unregistered

A
  • Legal mortgage of registered land
  • Legal easements
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72
Q

For which type of new owner will notice of an interest be binding and not be binding if it is not registered?

A
  • Interest will not be binding on a purchaser for valuable consideration
  • Interest will be binding on someone who is gifted the property or inherits it
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73
Q

What is the liability of someone whoo registers a notice without reasonable cause?

A

Liable to any person who suffers damages as a result

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74
Q

How are BIUTs protected?

A

Form A restriction

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75
Q

What is the effect of entering a restriction?

A

The instruction must be complied with in order for the estate to be transferred

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76
Q

Who is an overriding interest binding on?

A
  • Registered proprietor (landowner)
  • Any person who acquires an interest in the property despite the fact they do not appear on the affected register of title
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77
Q

What are the three main interests that override registered dispositions?

A
  • Legal leases for 7 years or less
  • Implied legal easements or profits a prendre
  • Interests of persons in actual occupation
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78
Q

Criteria for implied legal easement or profits a prendre to be overriding on the purchaser?

3

A
  • Purchaser has actual knowledge of easement/profit
  • Easement/profit is obvious on reasonably careful inspection of land; or
  • Easement/profit has been exercised within 1 year of disposition date
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79
Q

What is the term for long use (e.g. of an easement)?

A

Prescription

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80
Q

Interests in land of a person in actual occupation of property are overriding, unless…

A
  • The occupier failed to disclose their occupation upin reasonable enquiry; or
  • The occupation was not obvious on reasonably careful inspection of the land at the time of the disposition and the buyer did not have actual knowledge of the interest
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81
Q

The term ‘overriding interest’ is only relevant in the context of which type of land?

A

Registered land

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82
Q

In adverse possession on registered land, when must the 10 year period be completed after?

A

13 October 2003

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83
Q

What is the difference between rights of person in adverse occupation on registered v unregistered land?

A

On registered land, acquires only the right to apply for registration of title.
On unregistered land, owner loses right to recover the land.

84
Q

In the registered system, how long must a squatter occupy land until they can apply for registration of title?

A

10 years

85
Q

Term for someone who holds the legal estate and can sell it to a buyer, but is not entitled to any sale proceeds

A

Trustee

86
Q

Title held by someone who does not hold the legal estate but is entitled to sale proceeds if land is sold, and enjoys the right to occupy

A

Equitable/Beneficial title

87
Q

What entitlement to sale proceeds does the trustee have?

A

None

88
Q

Another term for equitable title

A

Beneficial title

89
Q

What is automatically imposed by statute if land is owned by more than one party?

A

A trust of land

90
Q

Which of the following is the legal estate and the equitable interest?
- Joint tenants
- Tenants in common

A
  • Joint tenants = legal estate
  • Tenants in common = equitable interest
91
Q

Under a joint tenancy, if one co-owner dies, who is their interest in property passed to?
By virtue of which doctrine?

A
  • Passed onto the survivor(s)
  • Doctrine of survivorship
92
Q

How are proceeds of sale of land split when co-owners have all contributed equally to purchase price but not all hold legal title?

A

Proceeds split equally between all co-owners.

Co-ownership has arisen by operation of law as co-owners not named on title have acquired an equitable interest by virtue of their contribution leading to an implied trust

93
Q

What is the minimum and maximum number of trustees holding a legal estate?

A

1 - 4

94
Q

In which type of co-ownership is someone entitled to a specific share of the property which can be disposed of or left by will or on intestacy?

A

Tenants in common

95
Q

What type of co-ownership will likely be entered into by parties who contributed unequally to the purchase price and/or business partners?

A

Tenants in common

96
Q

What can tenants in common do to set out how their beneficial interest is to be held, and ensure sale proceeds are split proportionally?

A

Prepare a declaration of trust

97
Q

Which mechanism brings joint tenancy in equity to an end and converts it to a tenancy in common?

A

Severance

98
Q

What are the below methods of?
- Severance by written notice
- Severance by treating a share as separate (e.g. by contracting to sell it)
- Severance by dealing with the equitable interest (e.g. disposing, leasing, or mortgaging it)
- Severance by mutual agreement
- Severance by course of dealings (e.g. oral agreement)
- Severance by forfeiture (killing other joint tenant)
- Severance by bankruptcy

A

Severance of equitable joint tenancy

99
Q

When severing a joint tenancy by written notice, what are the requirements for service of a notice to sever joint tenancy?

A
  • Left at last known place of abode or business; or
  • Sent by registered post to be served at their place of abode or business
100
Q

If co-owners’ intention for joint tenancy in equity or tenancy in common in equity is unclear, which will the court presume?

A

Joint tenancy in equity

Presumption that equity follows the law and the beneficial interests reflect the legal interests in the property unless there is evidence to the contrary

101
Q

What is overreaching?

A

A legal process by which a buyer may take free of a beneficiary’s interest

Automatically transfers the beneficial interests from the land to the money that has been paid for the land, regardless of the wishes of the beneficiaries

102
Q

What must occur for overreaching to happen automatically?

A

The purchase money must be paid to two or more trustees or a trust corporation

103
Q

Form used for the restriction registered when two or more people purchase a property and choose to hold it as Tenants in Common, rather than as Joint Tenants

A

Form A

104
Q

Which sections of which act allow courts to intervene if co-owners disagree on how or when to dispose of a property?

A

Sections 14 and 15 of Trusts of Land & Appointment of Trustees Act 1996 (TLATA)

105
Q

What can Section 14 of TLATA 1996 be used to obtain a court order for?

A

An order to sell/not sell or order relieving the trustee of the duty to obtain the beneficiaries’ consent

106
Q

What does Section 15 of TLATA 1996 do?

A

Sets out the factors a court must consider in determining an application for an order under Section 14

incl. trustee intentions, purpose of trust, welfare of minor-occupant & secured creditor interests

107
Q

Term for landlord-tenant relationship

A

Privity of estate

108
Q

Term for landlord’s interest in land transferred at a later date to the assignee in lease

A

Reversion

109
Q

Terms for:
- Main lease between landlord and tenant
- Lease between tenant (as sub-landlord) and another tenant

A
  • Head lease
  • Underlease
110
Q

What is the difference between assigning a lease and sub-leasing (underleasing)?

A

Assigning a lease assigns the entire remainder of the lease.
A sublease is granted for a shorter period of time than the headlease & the right to occupy must revert to the tenant for a period (however short) at the end of the sublease.

111
Q

What are the advantages of a lease over a licence?

A
  • Statutory protection
  • May be able to sublease
  • Scrutiny of tenure (right to remain after lease ends)
  • Rent protections if residential
112
Q

3 essential characteristics of a lease

A
  • Certainty of term
  • Exclusive possession
  • Appropriate formalities
113
Q

What will the courts consider when it is unclear whether the parties have created a lease or licence?

A

The substance of the agreement.
Not the form of agreement

114
Q

What are the ‘four unities’ that make joint tenants with lease interest?

A
  • Time: granted at the same time
  • Title: all granted in the same title document
  • Interest: all granted same interest, jointly liable for rent
  • Possession: all granted same right to possession
115
Q

What is required for a landlord to raise rent in a long lease?

A

Rent review clause in the lease

116
Q

What is a reversionary lease?

A

A lease providing that the tenant is not to take possession until some date in the future (up to 21 years in future)

117
Q

What type of tenancy will be implied by the courts if parties attempted to enter into a lease but it was void (e.g. for uncertainty)?

A

Periodic tenancy

118
Q

What type of tenancy is created between a landowner and buyer who takes possession before any written agreement?

A

Tenancy at will

119
Q

How can a tenancy at will be terminated?

A

At will

120
Q

What type of lease must be created by deed

A

Any 3+ year lease

121
Q

A short lease (3 or fewer years) can be created orally, without formalities/deed.
How is it assigned?

A

By deed

Long Leases (>3 years): Assigned by a deed, with registration at the Land Registry if the lease is registered.

122
Q

What can be used to protect an equitable lease:
- in unregistered land
- in registered land

A
  • Class C(iv) land charge (estate contract)
  • Notice on the Charges Register
123
Q

Term for the covenant obliging the landlord to not interfere in any way with tenant’s enjoyment of the property, nor allow the lawful activities of his other tenants to do so

A

Quiet enjoyment

124
Q

Term for the covenant obliging the landlord not to frustrate the purposes for which the premises were let

A

Derogation from Grant

125
Q

What is the statutory procedure that allows landlords of commercial premises to recover rent arrears by taking control of and selling tenant’s goods?

A

Commercial Rent Arrears Recovery (CRAR)

126
Q

Commercial Rent Arrears Recovery (CRAR) applies to all new and existing commercial leases from which date?

A

6 April 2014

127
Q

How much notice is required for a certified bailiff or enforcement agent to seize tenant’s goods under Commercial Rent Arrears Recovery (CRAR)

A

7 days

128
Q

What type of arrears cannot be recovered using CRAR?

A

Service charge arrears

129
Q

Term for a landlord losing his right to forfeit a lease due to certain actions (e.g. aware of breach and accepts, demands payment)

A

Waiver

Waives the right to forfeit

130
Q

What four remedies are available upon leasee’s breach of repairing covenant?

A
  • Damages
  • Specific performance
  • Self-help/Jervis v Harris clause (landlord carries out and recovers cost)
  • Forfeiture (s146 notice)
131
Q

What notice is served on leasee to allow time for rectification of breach?

A

Section 146 LPA 1925 (s146 notice)

Forfeiture notice

132
Q

What three things must a section 146 notice do?

A
  • Specify the breach
  • Require the breach to be remedied within a reasonable time (if possible)
  • Require tenant compensate landlord for breach (optional)
133
Q

Term for the agreement allowed under Landlord and Tenants (Covenants) Act 1995 requiring outgoing tenant act as guarantor for his immediate successor in title

A

Authorised Guarantee Agreement (AGA)

Commercial only. Not allowed for residential leases

134
Q

What is the difference between assignment and sublease?

A

Assignment is when the tenant sells his entire interest in a lease and ceases to be a tenant.
A sublease creates a further landlord-tenant relationship and is for a lesser term (known as underlease/sublease)

135
Q

Which covenant prohibits the tenant/leasee from assigning in any circumstances?

A

Absolute covenant

136
Q

Which covenant prohibits the tenant/leasee from assigning unless landlord consents or certain conditions set out in lease are met?

Landlord may not unreasonably withold consent, and must respond to written request for consent within a reasonable time

A

Qualified covenant

137
Q

Term for parties in a lease agreeing the tenant will give up possession to the landlord

A

Surrender

138
Q

Term for parties in a lease agreeing the landlord will transfer the reversion to the tenant

A

Merger

139
Q

What is the effect on the sublease if the head lease is brought to an end by
- Expiry, notice to quit, or forfeiture
- Surrender or merger

A
  • Sublease ends
  • Sublease continues. Subtenant pays rent to head landlord
140
Q

By definition, an easement confers a benefit on:

A

Dominant tenement LAND

NOT PERSON

141
Q

What is used to create a legal easement and profit a prendre?

A

Deed

142
Q

How long must a legal easement and profit a prendre be?

A

A fixed period or indefinite

If granted ‘for life’, would not be legal

143
Q

If no deed is used, the grant of easement or profit is ineffective at law. What are the requirements for equity to recognise that an enforceable contract to grant has been created?

A
  • In writing that
  • Is signed by both parties, and
  • Contains all the agreed terms
144
Q

What are the 4 ways easements and profits can be created?

A
  • By express grant or reservation
  • By implied grant or reservation
  • By prescription
  • By statute (rare)
145
Q

5 ways easements can be created under Implied Grant or Reservation

A
  • Easements by necessity
  • Common intention easements
  • Ancillary easements
  • Easements implied by existing use
  • Implied grant by statute
146
Q

What are the 2 limitations for easements to be implied granted by statute?

A
  • The right must be continuous and apparent
  • The grant of easement by statute can be excluded by express wording in the statute
147
Q

When would an implied easement be:
- Legal
- Equitable

Type of documents

A
  • Implied into a deed
  • Implied into a contract
148
Q

What are the 2 requirements for an easement to be created by prescription?

Standard way

A
  • Used the benefit unchallenged for over 20 years; and
  • Used the benefit ‘as of right’ (didn’t ask for permission or make payment)
149
Q

What is another term for prescription (of an easement)?

A

Presumed grant

150
Q

What are the 3 alternative ways of creating an easement by prescription?

A
  • Prescription at common law
  • Prescription by ‘Lost Modern Grant’
  • Prescription by the Prescription Act 1832
151
Q

What type of interest is created by easements arising from common law prescription, doctrine of Lost Modern Grant, and Prescription Act 1932?

A

Legal interest

152
Q

If a new easement or profit was created by express grant or reservation, what is required for it to take effect as a legal interest?

A

Registration

153
Q

What are the 2 limitations of an equitable easement or profit?

A
  • Will not override
  • Requires protection with notice on Charges Register to bind buyer
154
Q

When is a legal easement overriding on the buyer?

A

If buyer has actual knowledge, or it is obvious on inspection, or it has been exercised in the last year

155
Q

What kind of land charge must be registered to protect an easement on unregistered land?

A

D(iii) land charge

156
Q

Term for a third-party right that can limit the use of land by making a party do or not do something

A

Covenant

157
Q

Term for the person enjoying the benefit of a freehold covenant (usually the seller)

A

Covenantee

158
Q

Which doctrine makes the original covenantor liable on the freehold covenant even after sale of the land?

A

Privity of contract

159
Q

What type of covenant can never be enforceable against a successor in equity?

A

Positive covenant

Only negative covenants can be enforceable against a successor in equity

160
Q

What are the 4 requirements for a burden of a covenant in equity to pass to a successor?

Requirements of the covenant

A
  • The covenant is negative in nature
  • The covenant accomodates the dominant tenement (affects value of land, not landowner)
  • The burden was intended to run with the land (implied under statute, unless parties expressly state otherwise)
  • The successor in title has notice of the covenant (D(ii) if unregistered, notice on Charges Register if registered)
161
Q

What are the 2 requirements for the benefit of a covenant to pass onto the successor in equity?

A
  • The covenant must touch and concern the land (benefits land, not landowner’s personal right)
  • One of the following apply:
    1) Annexation (benefit of covenant attached to land)
    2) Express assignment (benefit expressly assigned when land sold)
    3) Building schemes (scheme of development set up when estate is built - covenant is obvious)
162
Q

The burden of a freehold covenant will generally not pass in…

A

Common Law

163
Q

The burden of a positive freehold covenant binds only the…

A

Original covenantor

(The covenantee can always choose to enforce the covenant against the original covenantor. Remedies = damages only)

164
Q

What are the 2 exceptions to the rule that the burden of a covenant does not pass to successor in title at common law?

A
  • Chain of Indemnity Covenants
  • The Mutual Benefit and Burden Rule
165
Q

A party benefits from a covenant that binds his neighbour.
Who can enforce the covenant now and in future at common law?

A
  • Freehold owner of land benefiting
  • Freehold owner’s successors in title
166
Q

What is the term for the mortgage borrower?

A

Mortgagor

167
Q

How must a legal mortgage be created?

A

By deed

168
Q

Three situations where an equitable mortgage can be created

A
  • A mortgage expressed to take effect in equity only
  • By a defective contract to create a legal mortgage
  • Where mortgagor owns equitable interest only
169
Q

How are equitable mortgages of registered land protected?

A

By placing a notice on the property’s register of title

170
Q

In unregistered land, the mortgagee/lender with a first legal mortgage is protected as they hold the title deeds.
How are subsequent mortgages protected?

A

By the registration of a class C(i) land charge - puisne mortgage

Since 1990, grant of first legal mortgage triggers freehold registration

171
Q

How is an equitable mortgage on registered land protected?

A

By placing a notice on the property’s register of title

172
Q

How is an equitable mortgage of the legal estate on unregistered land protected?

A

By registration as a Class C(iii) land charge

173
Q

Term for mortgagor’s right to pay off mortgage in full and regain all property rights from mortgagee following a redemption date (usually 6 months after start of mortgage)

A

Right to Redeem
(cannot be excluded)

174
Q

Define Redemption Date

A

Earliest date from which mortgagor can pay off mortgage and reclaim all property rights

175
Q

Define Repayment Period

A

The longest time that can be taken to pay off a mortgage in full

176
Q

What are the requirements for a short legal lease to be created orally, without formalities?

A
  • 3 years or less
  • Tenant moves in immediately
  • Market rent (and no premium)
177
Q

How will a mortgage agreement clause giving mortgagee the right to purchase the mortgaged estate be treated?

A

Void

178
Q

To what extent is a collateral advantage permitted in a mortgage agreement?

A

Not void as long as it does not fetter the mortgagor’s right to redeem (i.e. cannot extend beyond redemption date)

179
Q

A legal tenancy always binds the mortgagee as overriding interest in which type of land?

A

Unregistered land

180
Q

To what extent is there an overriding interest from legal tenancy of registered land if:
- tenancy does not exceed 7 years
- tenancy is for more than 7 years

A
  • Overriding interest - will bind mortgagee
  • Binding only if registered with own independent title
181
Q

How must an equitable tenancy of unregistered land be protected?

A

By the registration of a class C(iv) land charge

182
Q

Which process, when exercised by the mortgagee, extinguishes the right to redeem?

A

Foreclosure

183
Q

What must pass before a mortgagee can sell the property after default to recover money owed?

A

The contractual date set to redeem the mortgage (usually 6 months after creation)

184
Q

The mortgagee’s right to sell a mortgaged property becomes exercisable when any of which three conditions are met?

A
  • Interest payments more than 2 months in arrears; or
  • There has been a written request for repayment of the capital and 3 months have passed without payment; or
  • There is a breach of some other mortgage term
185
Q

A document used to transfer legal ownership from the deceased’s estate to the new owner

A

Assent

186
Q

Type of transfer document that:
- transfers whole legal title
- transfers part of legal title

A
  • TR1
  • TP1
187
Q

What automatically arises when 2 or more people own land?

A

A trust of land

188
Q

3 most common trusts

A
  • Constructive trust
  • Implied trust
  • Resulting trust
189
Q

If a limited company is borrowing money, when must the charge be registered at Companies House by?

A

Within 21 days of completion

190
Q

When does title pass with respect to a transfer of ownership of registered land?

A

When the transfer is registered at HMLR

191
Q

If a person is in adverse possession of registered land for over 10 years, what right does the adverse possessor obtain?

A

The right to apply for registration of title

192
Q

Why might the legal owner of land not have any right to the proceeds of a sale of the land?

A

The legal ownership and beneficial ownership may be separated

193
Q

What arises automatically if title to land is held by more than one person?

A

A trust

194
Q

How must the legal estate be held by co-owners?

A

As a joint tenancy

195
Q

What happens to the joint tenancy if a joint tenant of a beneficial interest sells their interest in the land?

A

The joint tenancy is severed

196
Q

What happens to the joint tenancy if a joint tenant of a beneficial interest is declared bankrupt?

A

The joint tenancy is severed

197
Q

After a landlord makes repairs under a self-help clause (Jervis v Harris), how can they collect the costs?

A

Debt claim

No need for complex damages claim

198
Q

What is required for forfeiture to be an option for a landlord?

A

It must be expressly included in the lease

199
Q

What is it called when the tenant disposes of less than his entire interest in his lease?

A

Subletting

200
Q

An easement gained by prescription is treated as what kind of interest?

A

Legal interest

201
Q

When is an easement a legal one?

A

When it has been created by deed

202
Q

What are the 2 factors that make occupation an overriding interest in land?

A
  • An interest in land
  • Actual occupation

A mere personal right (e.g. a licence or contributed to purchase price) is not an interest in land, hence a spouse/civil partner is usually not in actual occupation and must protect their matrimonial home rights with a notice

203
Q

An overriding interest is only relevant in the context of which type of land?

A

Registered land

204
Q

On which register do rights which benefit the land appear?

A

Property register

205
Q

What are overriding interests?

A

Interests that are binding on both the registered proprietor and the person who may be acquiring an interest in the property despite the fact that they do not appear on the affected register of title

206
Q

Will a second or subsequent mortgage trigger first registration?

A

No

It is the first legal mortgage that is the trigger for first registration. If first mortgage before 1 December 1990 and title unregistered, subsequent mortgages after 1 December 1990 will not trigger first registration

207
Q

A restrictive covenant is only capable of existing as what type of interest?

A

Equitable interest

SQE1 (15 decks)

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