Land Law

Question 1

Registrable dispositions

Answer 1

1. Transfer of a freehold estate
2. Transfer of a registreted lease (any duration)
3. Grant out of a registreted estate of a lease exceeding 7 years
4. Grant or reservation of a legal easement over registreted land
5. Grant of legal mortgage over registerted land

Question 2

Overriding interests

Answer 2

1. legal leases 7 years or less
2. implied legal leases
3. interest in land with actual occupation

Question 3

Minor interests

Answer 3

1. Estate contracts (contracts to purchase an estate in land)
2. Restrictive covenants
3. Equitable easements

Question 4

Beneficial interests

Answer 4

Beneficial interests in land held under a trust can be binding on a purchaser of the land unless they are overreached. Overreaching means paying the purchase money to two trustees.

Question 5

Equitable intersts

Answer 5

1. Interests subject to protection under the Land Charges Registry
2. Beneficial interests under a trust
3. Equitable intersts that do not fall into 1 or 2 above

Question 6

Whelden V Burrows

Answer 6

-Impliedly creates an easement

This applies only to the grant of an easement and not a reservation. It is thought that the rule has no application to profits.

The effect of Wheeldon v Burrows (1869) LR 12 Ch D 1281 is to convert ‘quasi-easements’ into easements. This occurs when a land owner sells part of their land. Any quasi-easements exercised by the landowner will pass to the buyer subject to certain conditions being satisfied:

(a) the existence of a quasi-easement prior to the sale;
(b) the right must be continuous and apparent;
(c) the right must be necessary to the reasonable enjoyment of the land sold; and
(d) the right must be in use at the time of the sale.

Question 7

s62 Law and Property Act

Answer 7

-Impliedly creates an easement
- the conveyance must be documented in a deed

Section 62 of LPA 1925 is a word-saving provision, created at a time when conveyances were handwritten. It has the effect that on a conveyance of land, if nothing to the contrary is stated in the deed, the conveyance is deemed to pass to the buyer not just the buildings and fixtures but all liberties privileges easements rights and advantages whatsoever appertaining or reputed to appertain to the land or any part thereof or at the time of the conveyance enjoyed
with the land. The section operates to pass automatically to a buyer all existing rights, without the necessity of formal words in the conveyance.

The conditions for the operation of s 62 are:
(1) There must be a conveyance as defined in s 205(1)(ii) LPA 1925. This requires an ‘instrument’, ie a written document that has the effect of creating or transferring a legal estate. For example, a mortgage or lease (including a written short-term lease not in the
form of a deed). The definition excludes contracts for sale.
(2) There must be some diversity of occupation of the two parts of the land at the time of the grant. However, this rule does not apply:
∘ to easements of light; or ∘ where the rights were continuous and apparent (with the same meaning of the phrase from Wheeldon v Burrows) – see P&S Platt Ltd v Crouch [2004] 1 P & CR 242 and
Wood v Waddington [2105] EWCA Civ 538. Therefore, where there is diversity of occupation, there is no requirement for the rights to
be continuous and apparent.
(3) There must be an existing privilege at the date of the conveyance. Section 62 is not concerned with future rights.
(4) The right must be capable of being an easement or profit. If the right lacks the four essential characteristics of an easement in Re Ellenborough Park, s 62 will not cure the defect. However, the claimant does not need to demonstrate that the right is necessary
for the reasonable use of the land. It is thought that s 62 applies to profits.