Land Law Flashcards
What does the 1925 Property Legislation call burdening rights?
“interests in land”
What are two other terms that mean “interests in land”
- Encumbrance
- Third party rights
What are the two main categories of Third Party Rights
- Legal rights
- Equitable rights
What are the 5 things that can be a legal interest
A) an easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession of a term of years absolute
B) A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute
C) A charge by way of legal mortgage
D) [Land tax, tithe rent charge] and any other similar charge on land which is not created by an instrument
E) Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed for any purpose, to a legal rentcharge
What is the correct term for “transferring” an estate
Convey
What legislation provides that conveyances and grants of land must be made by deeds
LPA 1925 s.52(1)
What legislation outlines requirements for creating equitable interests
LPA 1925, s 53
What did the case of Hudson v Hathaway [2022] confirm
That an equitable interest could be created in an email
What is the requirement in creating an equitable interest in land
Must be done in writing
How can property interests be created without formality (2)
- propitiatory estoppel
- Resulting and constructive trusts
What is the difference between “in rem” and “in personam”
In rem means “good against the world” and “in personam” means good against a specific type of person
Which type of land right is in rem
Legal
Which type of legal right is in personum
Equitable
What 3 catagories of people was it seen as fair to inherit equitable interests
- Those who inherit rights from trustees
- Those who take rights from the trustees as a give (Donees or volunteers)
- Those who buy rights from the trustee, either knowing of the beneficiaries rights or deliberately closing their eyes to them
Who escapes equitable interests applying?
Bona Fide purchaser for value
What are the three requirements to be a Bona Fide Purchaser for value
- They must act in good faith
- Purchase for value
- Properly record the transactions
Can the Bona Fide Purchaser have notice of the equitable interest if they wish to avoid it?
No
What are the two types of notice?
- Actual
- Constructive
What is actual notice
Applies where the purchaser has actual knowledge of the existence of an equitable interest
What does Lloyd v Banks (1868) hold?
Actual knowledge of an equitable interest does not need to come from a particular source
What is constructive notice
Notice that purchasers are “bound to be aware of” following regular checks (searches etc)
What is Imputed Notice?
Notice a purchaser is assumed to have because their agent has either actual or constructive notice of it
What does Jared v Clements [1903] hold?
imputed notice is Notice a purchaser is assumed to have because their agent has either actual or constructive notice of it
What did National Provincial Bank Ltd v Ainsworth [1965] lead to?
New rights of occupation created in 1967 (Named “matrimonial home rights” by the Family Law Act 1996
What did the Family Law Act 1996 (as amended by the Civil Partnership Act 2004) hold
Where one spouse or civil partner owns the home, the other has:
A right not to be evicted or excluded if already in occupation
A right to enter and occupy if not already in occupation (with leave of the court)
(these rights last as long as the marriage)
How are the rights constituted by the Family Law Act 1996 documented?
As a charge on the estate that binds later purchasers (can not be an overriding interest)
Which party registers a land charge?
The party taking the benefit
What does s. 198(1) of the LPA 1925 (as ammended) hold
Anyone taking an estate following the registration of a charge will take it subject to that rights
Who provides compensation for losses suffered due to the charges prior to the route title
The Chief Land Registrar (using a central fund)
Is the land registry obligated to remove completed charges?
No
Are charges meant to be registered before or after completion?
Before
Can Land Charges Act 1972 defences apply to those who were aware of the existence of unregistered rights?
Yes
What does the LCA 1972 ss, 4(2)(5) and (8) and 17(1) hold
Rights not registered before completion can not be enforced against a purchaser for valuable consideration
Does a registered mortgage take precedent over an unregistered one if the unregistered one came into effect first?
Yes
Who are Class C(iv) and D(I)-(iii) 1. enforced against
2. not enforced against
- Anyone other than the purchaser of the estate even if they are unregistered
- The purchaser of the estate
What is the difference between “purchaser for value” and “purchaser for money’s worth”
“Value” does not require money
Does knowledge of an unregistered charge immediately make it enforceable?
No
What does Mildband Bank Trust Co. Ltd v Green [1981] hold? (2)
- Courts will not enquire into the details of consideration regarding “money for moneys worth”, only that there was consideration
- An unregistered option was not enforceable and that knowledge of one will not mean it is enforceable when purchasing an estate
1) Are legal interests which are not land charges binding?
2) what saying exemplifies this?
1) Yes, automatically to purchasers
2) legal rights are good against the world
What does schedule 1 of the LRA contain?
Rights that override first registration and will bind new purchasers even if it isn’t registered
What does schedule 3 of the LRA 2002 contain
overriding rights which apply to future owners of the land, not just the first proprietor
How does the LRA 2002 define “notices”?
“an entry in respect of the burden of an interest affecting a registered estate or charge”
does an interest being subject to a notice necessarily mean that the interest is valid?
No
Does a valid notice bind purchasers?
Yes if they purchase for valuable consideration (s. 32(3))
Will unregistered notices bind?
No, unless they are overriding interests
How does the LRA 2002, s. 41(1) define restrictions
“An entry in the register regulating the circumstances in which a disposition of a registered estate…may be the subject of an entry in the register”
What does SS. 42(2) and 46(2) state about restrictions?
That they should not be used in place of a notice where a notice would achieve the intended effect
What does S3 of the LRA 2002 cover?
Voluntary first registration
What legislation proves that registration is not necessary for leases under 7 years
s. 3(3) of the LRA 2002
What does s3(4) of the LRA 2002 enforce
Registration of leases where possession is discontinuous
What does s. 3(1) of the LRA 2002 cover?
Registrable interests
What act allows for the voluntary registration of rentcharges and franchises
S.3 (1) of the LRA 2002
What does s.4 of the LRA 2002 enforce
compulsory first registrations
What are the three key triggers of first registration
- a transfer
- a grant
- the creation of a first legal mortgage
Does a transfer have to be of value to trigger first registration
No
Who registers a mortgage once it is granted?
The mortgagor
After how long will a transfer become void if not registered?
2 Months
What happens to an estate which is transferred but the transfer is not registered within 2 months
The estate will revert to the transferor, who will hold it on trust for the transferee
What happens to an estate which is granted a lease or mortgage but the transfer is not registered within 2 months
The disposition will take effect as an estate contract
What does Sainsburries Supermarkets Ltd v Olympia Homes Ltd [2006] hold
Not responding to LR enquiries may lead to the cancellation of the application
What is the highest class of title
Absolute freehold
How many years does a legal possessor have to recover land from a dispossessor
12 years
If a register does not include beneficiaries interest is a trustee freed from their obligations to the beneficiaries?
No
When do registered dispositions take affect
1) Completion
2) Signing
3) Registration
3) Registration
How can an unregistered disposition still take effect?
in equity
What does Schedule 2 of the LRA 2002 set out
Requirements for registrable dispositions to be complete
How is a Transfer completed
Transferee entered as the registered proprietor of the estate
How is a grant of a new estate or interest completed?
The grantee must be registered as owner of the new estate or interest
Where is an easement registered?
The estate it benefits
Where is a charge registered
the estate which it binds
What two categories of interests bind disposers for valuable consideration under s. 29?
Interests protected by entry of a notice in the register; and
Interests that override a registered disposition
are purchasers for valuable consideration bound by encumbrances not excluded by s.33 notices if they are not registered?
No
Do interests under the Settled Land Act 1925 need to be registered to bind future disponees?
Not if the owner is in actual occupation
Does the rights of someone in actual occupation still bind purchasers if they fail to disclose unregistered rights?
Yes
