Land Law Flashcards
Under the unregistered land system, are subsequent purchasers of land bound by the legal interests on them?
Yes, whether or not the purchaser had notice of the legal interest.
In the unregistered land system, are subsequent purchasers of land bound by equitable easements?
Yes, so long as it is registered as a land charge.
When will a covenant be enforceable by a covenantee’s successor in title?
The benefit of a covenant will be enforceable by a covenantee’s successors in title as long as:
(1) the covenant touches and concerns the land of the covenantee
(2) the covenant was intended to run with the legal estate held by the covenantee
(3) at the time the covenant was made, the covenantee held the legal estate in the land to be benefited; and
(4) the assignee of the original covenantee now holds the legal estate.
What is a Class C(i) Land Charge?
A puisne (second) mortgage
What is a Class C(iii) Land Charge?
A general equitable charge (equitable mortgage)
What is a Class C(iv) Land Charge?
An estate contract (e.g., to purchase an option agreement, right of pre-emption)
What is a Class D(ii) Land Charge?
Restrictive Covenants
What is a Class D(iii) Land Charge?
Equitable Easements
What is a Class F Land Charge?
Protects non-owning spouse’s statutory right of occupation of the matrimonial home.
What are Land Charges registered against?
The name of the estate owner at the date of the land charge.
What is the effect on a sublease if the headlease is surrendered?
Surrender of a head lease has no major effect on a subtenant, and it will not come to an end.
The subtenant will become the tenant of the head landlord on the terms of the sublease and will have to pay rent due under the sublease to the head landlord.
