Land Law

Question 1

Has a deed been produced properly?

Answer 1

a. This must be in writing.
b. Must make it clear on it’s face that it is a deed.
c. Be executed correctly.
d. Be delivered correctly.

Question 2

Easements

Answer 2

Re Ellenborough Park [1955] – There must be a dominant and servient, of which one gains a benefit over the other.
1. Dominant and servient tenement.
2. Must accommodate the dominant tenement.
3. Dominant and servient owners must be different persons.
4. Right claimed must be capable of forming subject matter of a grant.

Question 3

Parole Lease

Answer 3

• For three years or less.
• Must take effect in possession – Immediate right to possess/enjoy the land.
• Pay the best rent which can be reasonably obtained.
• Must not charge a fine or premium.

Question 4

Easements (Wheeldon v Burrows)

Answer 4

Wheeldon v Burrows – Quasi easements when an individual owns both parcels of land.

Question 5

Easements (Section 62 LPA 1925)

Answer 5

When there is a right/advantage, and then there is a conveyance, the law will assume that this has then became a legal right.

Question 6

Covenants (and how they pass)

Answer 6

• The burden of a positive covenant cannot pass to a successor in title to the original
  covenantor.
• The burden of a restrictive covenant can pass in equity if the criteria in Tulk v Moxhay
  is met.

Question 7

Mortgages

Answer 7

• A lender has an automatic right to possession but if the property is occupied as a dwelling a court order will be required and the borrower can seek the protection of the AJA 1970.
• The power of sale is exercisable only when certain criteria have been met and the lender is bound by certain duties when exercising it. Exercising the power of sale will end the mortgage.

Question 8

Lease (More than 3 years)

Answer 8

• A deed must meet the criteria as set out in Section 1 LPMPA 1989.

Question 9

Old Lease

Answer 9

If the original tenant (T1) assigns the lease to T2 they shall remain subject to the burden of the covenant but cease to be entitled to the benefit of the covenant.

Question 10

New Lease

Answer 10

The tenant is now bound by the covenants only whilst the lease is vested in them. As such, when they try and leave, they will often be asked for an AGA which guarantees that they will be liable for the covenants, if the new tenant does not comply with them.

Question 11

Beneficial Interests Under Trust

Answer 11

• Beneficial interests under a trust can be overreached if the buyer pays their purchase money to a minimum of two trustees. The beneficial interest then lifts from the land and attaches to the proceeds of sale. The buyer takes free of such interests

Question 12

Register (three parts)

Answer 12

a) the property register (containing a description of the property and any rights benefiting the land);
b) the proprietorship register; and
c) the charges register (containing charges and other notices burdening the land).

Question 13

Rights capable of being legal

Answer 13

1. An Easement
2. A rentcharge
3. A Mortgage
4. Rights of Entry, in respect of a legal term of years