Land Law Flashcards
What is a C(i) land charge?
It protects a puisne mortgage, which is a second or subsequent mortgage not protected by the deposit of title deeds.
When may good leasehold title be awarded?
When the freehold title has not been produced to HMLR during an application to register a lease.
What is a conveyance?
A document that transfers the legal estate on sale when the title is unregistered.
Under the Landlord and Tenant (Covenants) Act 1995, are tenants released from covenants upon assignment?
Yes, tenants are automatically released, but landlords can require an authorised guarantee agreement as a condition of consent.
How is an easement by prescription established?
By 20 years of use under claim of right, as prescriptive rights are acquired by long use.
When does title pass in the registered land system?
Title passes upon registration of the disposition at His Majesty’s Land Registry.
What happens when land is purchased by more than one person?
A trust of land is imposed by statute automatically for the benefit of all buyers.
What restriction appears on the Proprietorship Register for tenants in common?
A standard Form A restriction.
Is forfeiture implied in a lease?
No, forfeiture must be expressly provided in the lease.
What is overreaching in land law?
A legal process where a buyer takes free of a beneficiary’s interest by paying purchase money to two or more trustees, thereby overreaching the beneficiaries’ interest.
Do positive covenants generally bind subsequent owners of the land?
No, they bind only the original contracting parties.
What is possessory title?
A class of title awarded by HMLR based on factual possession of the land rather than documentary evidence.
How are equitable rights, such as restrictive covenants, enforced against subsequent buyers?
They must be protected by registration as land charges.
Is a deed required for the contract for the sale of land?
No, only a valid written contract is required. However, a deed is required to convey or transfer property on completion.
What happens if co-owners cannot agree on the disposal of a property?
A trustee or person with an interest can apply to the courts for an order, including an order to sell the property.
