land law

Question 1

what kind of interest is a restrictive covenant?

Answer 1

only ever equitable

Question 2

what kind of interest can an equitable owner grant in land?

Answer 2

only an equitable interest - cannot grant a higher interest than you possess

Question 3

when will equity recognise a failed legal arrangement, e.g. equitable lease?

Answer 3

where there is:
- a contract
- comply with the relevant requirements
- clean hands

Question 4

what happens where parties have failed to create a required deed?

Answer 4

the court will find a contract giving rise to the equitable right

Question 5

what is the test for fixtures or chattels

Answer 5

(1) degree of annexation - strong degree raises presumption of fixture
(2) purpose of annexation - if only fixed for enjoyment of the item, not fixture

Question 6

requirements for a deed

Answer 6

i. in writing
ii. clear on its face that it is a deed
iii. signed
iv. witnessed
v. delivered

Question 7

what is a parol lease

Answer 7

lease for 3 years or less which may be made without deed if tenant in immediate possession and pays market rent

Question 8

4 unities of joint tenancy

Answer 8

unity of interest
unity of title
unity of time
unity of possession

Question 9

what are the tests for joint tenancy

Answer 9

four unities, words of severance in transfer and equity follows the law

Question 10

how may interest be severed

Answer 10

WRITTEN: no need to be signed, express immediate desire to sever, received by all other tenants
INFORMAL: mutual agreement/conduct, or disposition of share, or bankruptcy

Question 11

requirement of legal easement

Answer 11

must be forever or for a fixed and ascertainable time

Question 12

express easement

Answer 12

knowing and deliberate agreement, via deed

Question 13

easement implied by necessity

Answer 13

land locked property, where it could not be used at al without the easement

Question 14

easement implied by common intention

Answer 14

where land is conveyed for a known purpose and the easement is required for that purpose

Question 15

Wheeldon v Burrows easement

Answer 15

converts quasi-easement where:
1. it existed prior to sale
2. it is continuous + apparent
3. right is necessary for reasonable enjoyment
4. right is in use at time of sale

Question 16

s62 LPA 1925 easement

Answer 16

passes rights on conveyance where:
i. conveyance
ii. diversity of occupation (unless right is continuous and apparent
iii. privilege is existing
iv. must be capable of being an easement

Question 17

easement by prescription

Answer 17

where easement has been in use over 20 years

Question 18

formalities of restrictive covenant

Answer 18

not capable of being legal. formalities = in writing and signed

Question 19

can the burden of a restrictive covenant pass?

Answer 19

only in equity under Tulk v Moxhay where:
i. covenant is negative
ii. touches and concerns the land
ii. servient owner has notice

Question 20

how to discharge a covenant in the court

Answer 20

s84 LPA 1925 where covenant is obsolete or unreasonable

Question 21

formalities of mortgage

Answer 21

deed, but equitable mortgage arises where deed falls short

Question 22

lenders powers in mortgage

Answer 22

i. possession
ii. power of sale
iii. debt action
iv. appointment of receiver
v. foreclosure, when legal date of redemption has passed

Question 23

when can a lender exercise power of sale

Answer 23

i. it exists
ii. it has arisen
iii. it has become exercisable

Question 24

when does power of sale arise & become exercisable

Answer 24

arises when mortgage is due, exercisable when:
i. express provision allows it
ii. lender has given notice and borrower doesn’t pay for 3 months
iii. interest in arrears for 2 months
iv. borrower has breached a term

Question 25

rules for root of title

Answer 25

must be:
i. showing ownership of complete interest
ii. contain recognisable description
iii. not cast any doubt on title
iv. at least 15 years old

Question 26

who do legal interests in land bind

Answer 26

the world, regardless of notice

Question 27

what must be registered as a land charge

Answer 27

i. estate contract
ii. covenant
iii. equitable easement
iv. home right
constitutes actual notice

Question 28

what is the doctrine of notice

Answer 28

protects trust interests and equitable interests from pre-1925. the buyer is bound unless they are equity’s darling.

Question 29

what triggers first registration

Answer 29

i. transfer
ii. mortgage
iii. grant of lease with over 7 years

Question 30

when must land be registered

Answer 30

within 2 months of triggering event

Question 31

what are registrable dispositions

Answer 31

i. transfer
ii. grant of 7+ year lease
iii. grant of legal charge
iv. express legal easement

Question 32

what are overriding interests

Answer 32

don’t appear on register but do bind:
i. legal lease < 7 years
ii. legal easements
iii. home rights

Question 33

characteristics of lease

Answer 33

i. fixed ascertainable duration
ii. exclusive possession
iii. correct formalities