Land Law Flashcards
1
Q
Define an estate in land.
A
An estate in land is a legal right that allows a person to enjoy, possess, control, and dispose of land, as well as receive any income produced from it.
2
Q
Define leasehold estate.
A
A leasehold estate is a type of property interest that lasts for a fixed period, legally known as ‘term of years absolute’, and is commonly referred to as a lease or tenancy.
3
Q
Define the term ‘conveyance’ in the context of land law.
A
A conveyance is a document that transfers legal ownership in freehold unregistered land.
4
Q
Define the ordinary meaning of land.
A
Land is commonly understood as the solid part of the Earth’s surface, including ground and soil.
5
Q
Describe the two-stage test used in Land Law to determine if an object is a fixture or a chattel.
A
The two-stage test involves: (a) The degree of annexation, which assesses how firmly the object is affixed to the land, and (b) The purpose of annexation, which considers the intention behind attaching the object.
6
Q
Describe how a chattel can become part of the land over time.
A
A chattel can become part of the land when it is affixed in such a way that it cannot be easily removed without destruction, thus becoming a fixture intended to be part of the land.
7
Q
Describe the historical origins of land tenure in England and Wales.
A
Land tenure has its roots in the feudal system established after the Norman Conquest in 1066, where the king granted land to supporters in exchange for services.
8
Q
Describe the Commonhold and Leasehold Reform Act 2002.
A
The Commonhold and Leasehold Reform Act 2002 introduced commonhold as a new form of freehold tenure, allowing buyers to have a freehold interest in their property while communal areas are managed by a commonhold association made up of the owners.
9
Q
Define an estate in the context of property ownership.
A
An estate refers to a period of time during which a person owns property, allowing them to create lesser estates or shorter periods of time, such as leases.
10
Q
Describe the most important interests in land.
A
The most important interests in land are easements and mortgages.
11
Q
Describe the concept of a resulting trust in property law.
A
A resulting trust arises when a person who is not the legal owner contributes directly to the purchase price of a property, acquiring an interest proportionate to their contribution.
12
Q
Describe the statutory right created by Section 30 of the Family Law Act 1996.
A
It created ‘home rights’, which is a statutory right of occupation of the matrimonial home for a non-owner.
13
Q
Define the nature of a mortgage under the LPA 1925.
A
A mortgage is a legal interest as defined in section 1(2)(c) of the LPA 1925.
14
Q
Describe the nature of land interests in relation to legal and equitable classifications.
A
Land interests can be classified as legal or equitable. Legal interests are capable of being recognized by law, while equitable interests arise from principles of fairness and do not appear in certain statutory provisions, such as s 1(1) or (2) of the LPA 1925.
15
Q
Describe the two distinct stages of property transactions.
A
The two distinct stages of property transactions are: Stage 1, which involves the investigation of title leading up to the exchange of contracts; and Stage 2, which is the completion when the legal estate is created or transferred.
16
Q
Describe the principle behind the equitable remedy of specific performance.
A
Specific performance is granted only if the person seeking it has behaved justly and fairly, adhering to the maxim ‘He who seeks equity must do so with clean hands,’ meaning they must not be in breach of the contract.
17
Q
Describe the initial step in analyzing a fact pattern in land law.
A
The initial step is to identify the interest involved by examining the hints provided by the facts, such as exclusive use for a fixed period indicating a lease.
18
Q
Describe Amber’s interest in the property based on the provided scenario.
A
Amber has an interest that resembles a lease, as she has exclusive possession for a fixed duration, despite the fact that she is using the property for a different purpose than originally promised.
19
Q
Define co-ownership in the context of land law.
A
Co-ownership is where more than one person owns land at the same time, meaning they hold concurrent ownership of the property.
20
Q
Define a legal estate in the context of co-ownership and trusts.
A
A legal estate is a form of ownership that must be held as a joint tenancy and cannot exist in an undivided share, meaning it cannot be severed.
21
Q
Describe the two forms of co-ownership in land law.
A
The two forms of co-ownership in land law are joint tenancy and tenancy in common.
22
Q
Define the four unities required for co-ownership in property law.
A
The four unities required for co-ownership are unity of title (all co-owners acquire their interest from the same document), unity of time (all co-owners receive their interests at the same time), unity of interest (all co-owners have equal interests), and unity of possession (all co-owners have the right to possess the whole property).
23
Q
Describe the presumption regarding contributions to the purchase price in a tenancy in common.
A
Equity presumes a tenancy in common when there are unequal contributions to the purchase price, with each tenant’s share proportional to their contribution.
24
Q
Describe the process of severance in a joint tenancy in equity.
A
Severance is the method by which a joint tenancy in equity can be converted into a tenancy in common, applicable only to equitable interests and must occur inter vivos, meaning during the lifetime of the co-owner.
25
Describe the implications of severance in property ownership.
Severance changes the ownership from joint tenancy to tenancy in common, meaning that upon the death of one owner, the property does not automatically pass to the surviving owner but can be inherited by others.
26
Describe the process of severing a joint tenancy in equity.
Severing a joint tenancy in equity requires the joint tenants to act together, either expressly or by implication, to agree on a method of dealing with the land that results in severance. An oral agreement is sufficient, and the agreement does not need to be executed.
27
Describe the principle of severance by homicide in joint tenancy.
Severance by homicide occurs when one joint tenant unlawfully kills another joint tenant, resulting in the survivor benefiting from the deceased's share. This principle is based on public policy to prevent wrongdoers from profiting from their crimes.
28
Describe the effect of one joint tenant severing their joint tenancy in a co-ownership situation with three or more tenants.
When one joint tenant severs their joint tenancy, they become a tenant in common, while the remaining joint tenants continue to hold a joint tenancy in equity for the remaining interest. The severing tenant's share is proportionate to the total number of joint tenants.
29
Describe the circumstances under which a resulting trust arises in land law.
A resulting trust arises when a person who does not hold legal title to property contributes to the purchase price of the property, and there is no evidence that the contribution was intended as a gift or a loan.
30
Describe the two-stage test for the creation of a constructive trust as outlined in Lloyds Bank plc v Rosset.
The two-stage test for the creation of a constructive trust involves either an agreement combined with detrimental reliance, or conduct combined with a direct financial contribution.
31
Describe the significance of direct financial contributions in property ownership according to Land Law.
Direct financial contributions, such as payments towards the purchase price or mortgage payments by a non-owning party, create a common intention for shared beneficial ownership of the property. Lord Bridge emphasized that anything less than such contributions would be inadequate to establish this intention.
32
Describe the approach used to determine beneficial ownership in family homes according to Stack v Dowden and Jones v Kernott.
The approach is more flexible and allows for the calculation of respective interests of the beneficial owners based on the circumstances of the case.
33
Describe the factors the court considers when determining the intentions behind a trust.
The court considers the intentions of the person(s) who created the trust, focusing on the settlor's intentions prior to the trust's creation, as well as the historic position.
34
Describe the legal estate held by Archie, Blake, Cherry, and Duncan.
They hold the legal estate as trustees as joint tenants.
35
Define an easement in land law.
An easement is a right for one landowner to make use of another parcel of land for the benefit of their own land, such as a right of way.
36
Describe the scenario involving Graham and Thomas regarding the barn and farmland.
Graham, the freehold owner of Home Farm, sells the barn to Thomas. The only access to the barn is through a track that crosses Graham's retained farmland, necessitating Graham to grant Thomas a right of way. Additionally, the drains serving Graham's farmhouse run under the land of the barn, requiring Graham to reserve a right to use those drains.
37
Define the relationship between an easement and a dominant tenement.
An easement must have an identifiable dominant tenement; without it, any attempt to create an easement will result in a license only.
38
Define the four main criteria for an easement.
1. An easement must be capable of reasonably exact definition. 2. An easement must not involve any expenditure by the servient owner. 3. An easement must not be so extensive as to amount to a claim to joint possession of the servient tenement. 4. The law is very cautious regarding claims for a new type of negative easement.
39
Describe the significance of boundary fences in rural land law.
Boundary fences are crucial in rural settings as they serve to maintain stock proof fences, which are essential for restraining farm animals and preventing damage to crops.
40
Describe the significance of the Batchelor v Marlow case in relation to easements.
The Batchelor v Marlow case highlighted that a right cannot be classified as an easement if it deprives the servient owner of any reasonable use of their land. In this case, the right to park six cars on the servient land was deemed excessive, as it covered the entire area, thus affecting the owner's ability to use their property.
41
Describe an easement of necessity.
An easement of necessity arises when a landlocked parcel of land is sold, providing access to the property from the public highway, as it is essential for the use of the retained property.
42
Describe the process of proving an infringement of a right to light.
To prove an infringement of a right to light, it must be demonstrated that the amount of light remaining has been reduced below the level required for ordinary purposes of inhabitancy or business, according to common notions. This assessment includes both past and future reasonable purposes, taking into account the actual nature of the property and its use.
43
Describe the effect of Wheeldon v Burrows on quasi-easements.
Wheeldon v Burrows converts quasi-easements into easements when a landowner sells part of their land, provided certain conditions are met.
44
Describe the significance of quasi-easements in property law.
Quasi-easements are rights that a landowner exercises over their own land, which can become easements when the land is sold. They are significant because they can be recognized in equity, allowing for the continuation of certain rights even after a portion of the land is sold.
45
Describe the requirements for the operation of section 62 in Land Law.
The requirements include: (1) a conveyance as defined in section 205(1)(ii) of the LPA 1925, which necessitates a written document that creates or transfers a legal estate, such as a mortgage or lease; and (2) some diversity of occupation of the two parts of the land at the time of the grant.
46
Describe the requirements for establishing an easement under common law.
An easement must be exercised continuously and as of right by or on behalf of a fee simple owner against another fee simple owner.
47
Describe the requirements for obtaining a prescriptive easement under the Prescription Act 1832.
A prescriptive easement can be obtained if the dominant owner shows uninterrupted user as of right for a period of at least 20 years, which must immediately precede and terminate in an action, even if the user commenced after 1189.
48
Define a covenant in the context of land law.
A covenant is a promise to do or not do something regarding land, such as a promise not to build on it.
49
Describe the difference between positive and restrictive covenants in the context of freehold covenants.
Positive covenants require effort or expenditure to fulfill the promise, while restrictive covenants impose limitations without requiring any effort or expense from the covenantor.
50
Describe the relationship between Roger, Sally, and James regarding the covenant on the Property.
Roger is the original covenantee who benefits from the covenant requiring the exterior of the Property to be painted every three years. Sally, as the original covenantor, was responsible for fulfilling this obligation. When Sally sold the Property to James, the question arises whether James is bound by the covenant established between Roger and Sally.
51
Define the requirements for a freehold covenant to be valid.
A freehold covenant must: (ii) affect the nature, quality, mode of user, or value of the land of the dominant owner; (iii) not be expressed as personal, meaning it should not be given only to one specific dominant owner; and the covenant must be made with the intent to burden the servient land, which can be either express or implied.
52
Describe the methods available for enforcing a positive covenant against successors in title.
Three methods include creating a lease, using an indemnity covenant, and applying the doctrine of mutua.
53
Describe the relationship between Archie, Bernard, Mary, and Gemma in the context of freehold covenants.
Archie is the original covenantor bound by a positive covenant, allowing Bernard to sue him for breach. Archie can seek indemnity from Mary, who in turn can pursue Gemma for her indemnity covenant, enabling indirect enforcement of the positive covenant against Gemma.
54
Describe the nature of the covenant regarding the Track in the context of land law.
The covenant is a positive covenant, as it requires the Buyer to contribute towards the maintenance and upkeep of the Track, involving effort or expenditure.
55
Describe the concept of annexation in relation to freehold covenants.
Annexation refers to the permanent attachment of a covenant to the dominant land, allowing any owner of the dominant land to enforce the covenant. There are three methods of annexation: express annexation, implied annexation, and statutory annexation.
56
Describe the concept of implied annexation in land law.
Implied annexation refers to a situation where the court recognizes the intention to annex property, even if it is not explicitly stated, based on the surrounding circumstances. This principle is applied to prevent injustice when the intention to annex is clear.
57
Describe the process of passing the benefit of a covenant in equity.
The benefit of a covenant can pass to a successor in equity through express assignment, similar to the process at common law.
58
Define the roles of the original covenantor and covenantee in a land law context.
The original covenantor is the party who creates the covenant, while the original covenantee is the party who benefits from it. In this case, Louise is the covenantor and Maurice is the covenantee.
59
Define a positive covenant in the context of freehold covenants.
A positive covenant is an obligation that requires the original covenantor to perform certain actions or duties, and it cannot pass to a successor in title when the servient land is sold. The original covenantor remains bound by privity of contract.
60
Describe the nature of a restrictive covenant in land law.
A restrictive covenant runs with the land in equity, meaning it is enforceable through an injunction rather than an automatic right to one.
61
How does the payment of rent influence the determination of the lease period in the case of Katie and Sally?
The payment of rent, expressed to be paid monthly, establishes the lease period as one month, which is a fixed period, despite Sally's occupation lasting five years.
62
Describe the requirements for a valid contract to create or transfer a legal estate under Land Law.
A valid contract must comply with section 2 of the LPMPA 1989, and the remedy of specific performance must be available. Additionally, the person seeking specific performance must have 'clean hands', meaning they must not be in breach of the contract.
63
How does the doctrine in Walsh v Lonsdale (1882) relate to equitable leases?
The doctrine in Walsh v Lonsdale establishes that if parties have made a valid contract for a lease and one party has taken possession, the court may recognize an equitable lease even if the deed to create a legal lease was not executed.
64
Describe the essential characteristics required for a lease to be valid.
A valid lease must meet three essential requirements: 1. The estate must be for a duration permitted for a leasehold estate. 2. The grant must give exclusive possession. 3. The grant must have the correct formalities.
65
How can equity recognize an arrangement as an equitable lease?
Equity may recognize an arrangement as an equitable lease if there is a contract, it complies with section 2 of the LPMPA, and the parties have clean hands.
66
Describe the nature of service occupancy in employment contexts.
Service occupancy occurs when an employer allows an employee to live in the employer's accommodation to enhance job performance, creating a licence that terminates when the employment ends.
67
How did the court rule in AG Securities v Vaughan regarding flat sharing agreements?
The court ruled that the agreements in AG Securities v Vaughan were independent and did not grant exclusive occupation rights to any party, as the agreements had different dates and rents, and the flat was occupied on a rolling basis.
68
Describe the effect of attempting to create a lease for life under Land Law 96.
Any attempt to create a lease for life will result in a lease for a term of 90 years, which ends upon the death of the tenant or as specified in the agreement.
69
Define exclusive possession in the context of leasehold estates.
Exclusive possession refers to the tenant's ability to control the land, allowing them to exclude everyone, including the landlord, and it extends beyond mere exclusive occupation.
70
Describe the characteristics that indicate a legal lease has been created in the scenario involving Katie and Sally.
A legal lease has been created due to the fixed ascertainable period of one month for rent payment, exclusive possession by Sally, and the lease being a parol lease as it is for three years or less.
71
How does a landlord retain rights in a lease agreement?
The landlord retains a fee simple absolute in possession, which allows them to receive rent or profits and hold a reversion that entitles them to retake physical possession once the lease ends.
72
Describe the concept of quiet enjoyment in a lease agreement.
Quiet enjoyment refers to the tenant's lawful possession of the property without substantial interference from the landlord. It does not imply the absence of noise, but excessive noise may be considered substantial interference.
73
Define the obligations of a landlord regarding property fitness under the Landlord and Tenant Act 1985.
Under section 11 of the Landlord and Tenant Act 1985, a landlord is obligated to keep the structure of a dwelling-house in repair.
74
Describe the relationship between the landlord, tenant, and subtenant in a lease arrangement.
The landlord grants a head lease to the tenant for 99 years, while the tenant, in turn, grants a sublease to the subtenant for 20 years. The tenant pays rent to the landlord, and the subtenant pays rent to the tenant, creating a dual capacity for the tenant as both the tenant of the head lease and the landlord of the sublease.
75
Define alienation in the context of lease agreements.
Alienation refers to the tenant's ability to dispose of the lease through methods such as assignment, sub-lease, mortgage/charge, or parting with possession/occupation.
76
Define a qualified covenant in the context of leases.
A qualified covenant is a tenant's agreement not to assign or otherwise deal with the lease without the landlord's consent.
77
Describe the impact of the Landlord and Tenant Act 1927 on alienation covenants.
The Landlord and Tenant Act 1927 converts any qualified covenant against assignment, underletting, charging, or parting with possession into a fully qualified covenant, preventing the landlord from unreasonably withholding consent.
78
Describe the two sets of rules governing covenants in leases.
The two sets of rules are based on the creation date of the lease: 'Old leases' created before 1 January 1996 and 'New leases' created after 1 January 1996.
79
How does the liability of the original tenant in an old lease work when it is assigned to a new tenant?
The original tenant (T1) remains liable for the covenants in the lease even after assigning it to a new tenant (T2), due to the privity of contract between T1 and the landlord.
80
Describe the effect of a lender exercising its power of sale on the buyer of a mortgaged property.
The buyer takes the whole estate of the borrower free of any estates or interests that the selling lender took priority over, but subject to any estates and interests that took priority over the selling lender.
81
Define the legal status of mortgages according to the LPA 1925.
Mortgages are capable of being legal interests in land and are classified as a charge by way of legal mortgage under section 1(2)(c) of the LPA 1925.
82
Define the roles of mortgagor and mortgagee in a mortgage agreement.
The mortgagor is the borrower who owns the estate in land and provides a mortgage as security for the loan, while the mortgagee is the lender who benefits from the mortgage and can enforce their security.
83
Describe the remedies available to a lender in relation to a legal mortgage.
The remedies available to a lender include possession of the property, the power of sale, debt action, and appointing a receiver.
84
Describe the conditions under which a lender can retake possession of a property without a court order.
A lender can retake possession without a court order if they do not breach section 6 of the Criminal Law Act 1977, which prohibits the use or threat of violence. This typically occurs when the property is empty or when tenants are directed to pay rent to the lender.
85
How did the court justify possession following a default in the case of Horsham Properties Group Ltd v Clark?
The court justified possession following a default in Horsham Properties Group Ltd v Clark by stating it was in the public interest and necessary for the security that a mortgagee needed to provide substantial lending on property at affordable interest rates.
86
Describe the lender's responsibilities when managing an income-producing property under a mortgage.
The lender must account to the borrower for any income beyond what is due and manage the property with due diligence, ensuring that any income that should have been received is properly accounted for.
87
How does the power of sale relate to a lender's ability to take possession of a mortgaged property?
Before exercising the power of sale, the lender may need to obtain possession of the property, and the power of sale must exist, have arisen, and become exercisable.
88
Describe the conditions under which a bank can exercise the power of sale in a mortgage.
The bank can exercise the power of sale if the mortgage is legal, made by deed, and the legal date for redemption has passed. Additionally, if there are arrears of interest payments, as in the case of Murray with four months' arrears, the power of sale becomes exercisable.
89
Define the lender's responsibilities before selling a property under a mortgage.
Before selling, the lender must ensure that the power of sale has arisen and become exercisable. This involves confirming that the conditions for exercising the power of sale are met.
90
Describe the relationship between a borrower and a lender in the context of a mortgage.
In a mortgage, the borrower receives money from the lender to purchase a property and, in return, provides security by creating a mortgage over the property in favor of the lender. The borrower retains the legal estate while the lender has a third-party right over the land.
91
How must the proceeds of sale be distributed by the selling lender according to s 105 LPA 1925?
The selling lender, as a trustee of the proceeds, must distribute them to pay the costs of redeeming prior mortgages, the lender's expenses of sale, the lender's own mortgage, and any remaining balance to the person(s) entitled to the equity of redemption.
92
Describe the role of a receiver in the context of a mortgage.
A receiver may take steps to increase the value of the property, such as obtaining planning permission or letting the property, but is not obliged to do so. The receiver must prioritize the interests of the lender if there is a conflict with the borrower's interests.
93
How did Emily's situation with her mortgage lead to the appointment of a receiver?
Emily failed to make mortgage payments for three months, prompting Burnley Bank Plc to appoint a receiver who then sold the property at auction without letting the vacant floor.
94
Describe the limitations imposed by the Limitation Act 1980 on a lender's ability to recover debts.
The Limitation Act 1980 limits the lender's ability to recover debts to six years for the recovery of interest and twelve years for the recovery of capital.
95
How does a lender typically proceed with the appointment of a receiver in relation to a mortgage property?
A lender usually appoints a receiver if the mortgaged property is generating income, such as being let to tenants. The appointment must be made in writing, and the lender must ensure that the power to appoint a receiver exists and is exercisable.
96
Describe the difference between a lease and a licence.
A lease grants exclusive possession of a property for a specified duration, while a licence allows someone to use the property without granting exclusive possession.
97
Define the characteristics of a fixed lease compared to a periodic lease.
A fixed lease has a set duration with specific start and end dates, whereas a periodic lease continues indefinitely until terminated, typically requiring notice for termination.
98
Describe the reasons a lease may be created by a freehold owner.
A lease may be created for a freehold owner to obtain income, retain an interest in the property that can be sold, and enforce positive covenants against a successor in title to the original tenant.
