Land Law

Question 1

Types of Legal Estate (2)

Answer 1

1. Freehold Estate/Fee Simple Absolute in Possession
2. Leasehold Estates/Terms of Years Absolute

Question 2

Legal Interests (5)

Answer 2

1. Mortgages
2. Easements
3. Rentcharges
4. Profit a prendre - In Gross and Appurtenant
5. Right of Entry

Question 3

Equitable Interests (4)

Answer 3

1. Equitable Mortgage
2. Restrictive Covenant
3. Positive Covenant
4. Estate Contract

Question 4

Equitable Interests Created Without Entering an Estate Contract (3)

Answer 4

1. Covenants
2. Equitable Easements
3. Interests created under a Trust or an Implied Trust

Question 5

Classification of Land Charges (6)

Answer 5

1. C(i) - Puisne Mortgage
2. C(iii) - General Equitable Charge
3. C(iv) - Estate Contract
4. D(ii) - Restrictive Covenant
5. D(iii) - Equitable Easement
6. F - Home Occupation Rights

Question 6

Unregistered Interests which Override First Registration (5)

Answer 6

1. Lease Granted for 7 Years or Less
2. Legal Easement
3. Local Land Charge
4. Interest of Someone in Actual Occupation
5. Sufficiently Important that Upon Registration become Important

Question 7

Events Triggering First Registration (5)

Answer 7

After 1 December 1990:

1. Conveyance
2. Assent
3. Deed of Gift
4. Grant/Assignment of 7+ Year Lease
5. Grant of First Legal Mortgage

Register Within 2 Months

Question 8

Substantive Registration (5)

Answer 8

Own Registration and Title:

1. Freehold
2. Leasehold for 7+ Years
3. Rent Charges
4. Franchises
5. Profit a Prendre in Gross (not Appurtenant)

Question 9

Overriding Third Party Interests in Registered Land (4)

Answer 9

1. Interest of Person in Actual Occupation
2. Legal Leases for 7 Years or Less
3. Implied Legal Easements
4. Profit a Prendre

Question 10

Leases that Must be Created by Deed

Answer 10

1. Leases Over 3 Years

Question 11

Assignment before 1 January 1996

Answer 11

1. Original Landlord and Tenant Remain Liable for Full Lease Term

Question 12

Assignment after 1 January 1996 (2)

Answer 12

1. No Liability after Assignment
2. Could Require Outgoing Tenant Guarantees Incoming Tenant’s Performance - Authorised Guarantee

Question 13

Profit a Prendre (2)

Answer 13

1. Appurtenant - Attached to Land
2. In Gross - Not Attached and Transferable in its Own Right

Question 14

Covenant: Passing Benefit at Law and Equity (4)

Answer 14

1. Must Touch and Concern the Land
2. Parties Intended for the Covenant to Run with Land
3. Covenantee must have Held the Legal Estate
4. Assignee of the Original Covenantee Holds the Legal Estate

Question 15

Covenant: Passing Benefit at Equity (4)

Answer 15

1. Must Touch and Concern the Land

One of the Following:
A. Annexation - Benefit Attached to Land
B. Express Assignment - Benefit Expressly Assigned
C. Building Schemes - Scheme of Development when Estate is Built

Question 16

Covenant: Passing Burden at Equity (5)

Answer 16

1. Negative in Nature
2. Covenantee Owns the Land when Covenant is made
3. Intended to Run
4. The Successor in Title has Notice (D(ii) or Charges Register)
5. General Equitable Principles Apply

Question 17

Covenant: Passing Burden at Law (3)

Answer 17

1. Burden Does Not Pass Generally
2. Chain of Indemnity Covenants for Positive Covenant
3. The Mutual Benefit and Burden Rule

Question 18

Mortgage: Protection (4)

Answer 18

1. Registered - Notices on Charges Register
2. Unregistered - Lender Holds Title Deeds
3. Unregistered - 2nd Charge, Puisne Mortgage C(i)
4. Unregistered - Equitable Mortgage C(iii)

Question 19

Mortgage: Protection of Third Parties with an Interest in Land (5)

Answer 19

1. Legal Tenancy of Unregistered Land (Does Not Exceed 7 Year, Exceeds 7 Years Should be Registered and In Occupation)
2. Equitable Tenancy of Unregistered Land (Protected as an Estate Contract, Once in Occupation - Bind Mortgagee)
3. Equitable Tenancy of Registered Land (In Occupation will Override, Less that 7 Years Won’t)
4. Occupiers with an Interest in Land
5. Undue Influence