LAND LAW CLOSED BOOK QUESTIONS

Question 1

What does land include?

Answer 1

Land inclused the ground. Also permanent aditions e.g. building. The aspects of land you cannot see. This is about rights over land.

Question 2

Names for who owns the land

Answer 2

• TITLE, freehold/ leasehold title, possession, the right to possession, occupation

Question 3

What is land below the ground?

Answer 3

• Minerals
• Items buried in the ground boat six feet under elwes v brigg gas co 1886
• Broach nine inches under

Question 4

What is the land on the ground?

Answer 4

• Money on the shop floor is NOT A CLAIM Bridges v hawksworht 1851
• Gold bracelet in passenger lounge NOT LAND- Parker v british airways board 1982

Question 5

What is above the ground?

Answer 5

• Airspace see kelsen v imperial tobacco co 1957
• certain restrictions of s 76 of civil aviation act 1982

Question 6

What is land referred to water?

Answer 6

• cannto individuals own free flowing water
  riverbed is land
  individual has right to use water

Question 7

What is land referred to wild animals>

Answer 7

• can have permission to kill the on their own property
  i- animals caught and killed by thw landowner or a trespasser belong to the owner.

Question 8

Can estates co-exist and often dp?

Answer 8

Yes but that person is not always in possions.

Question 10

What statute limits the number of legal etsates

Answer 10

s1 1 lpa 1925

Question 11

what section limits the numner of legal interests to 5

Answer 11

section 1 2 lpa 1925

Question 12

What are the 2 legal estates

Answer 12

freehold and leasehold

Question 13

WHt is freehold

Answer 13

fee simple

Question 14

What is during lease

Answer 14

during lease time

Question 15

What are the 5 legal interest

Answer 15

mortgage, easement, right of re entry, rentcharge, proofut a orendre

Question 16

What are the equitable estates and itnerests?

Answer 16

• beneficial itnerest under a trusy
• estate contracts family rights of occupation
• restrictive covenants
  estoppel claims

Question 17

What are equitbale interests

Answer 17

• capable of being proprietary
• this means they can attach themselbes to the land so run with it- in certain circumstances
• but only legal rights bind everyone automatically
• equtiable rights cannot change the legal positions, but they can ensure a different outcome is achieved.

Question 18

How to establish if an estate or itnerest in land legal?

Answer 18

1. does the lpa 1925 say ut has been potential to be legal
2. has it been created correctly.
3. has it been registered if that is a requirment,.
   IF YES THEN IT IS LEGAL

Question 19

What act for rgeistered land

Answer 19

Land registration act 2002

Question 20

How to prove ownership of unregistered land

Answer 20

reference to title deeds a collection of docuentation in the history of the property. often these date back to hundred of yeaars

Question 21

how to know the difference between registered and unregsietred land?

Answer 21

by the doctrine of notice

Question 22

what is doctrine of notice in a unrgeistered land

Answer 22

must buy a legal estate not an equitable one

Question 23

what does bona fide means?

Answer 23

acting in good faith

Question 24

what is lca 1972

Answer 24

land chagres act 1972

Question 25

what does the lca 1972 say

Answer 25

generally if third aprties have equitable rights, they need to register them as land chages

Question 26

what does the lca register only protect?

Answer 26

equtiable rights where the estate has been purchased

Question 27

what are the categories of te lca which are protectable

Answer 27

class c of lca 1971 check notes

Question 28

what cnanot be pretcted as a land charge

Answer 28

trusts , retsirctive covenants before 1926 and equitable easements before 1928

Question 29

what law is is for unregusteered land

Answer 29

s198 1 lpa 1925

Question 30

what happensif an interest is not registered

Answer 30

the itnerest is not protected see midland bank trust co v green 198

Question 31

what is overreaching

Answer 31

allows a beneficial itnerest to be avoided by a purchasser from at least 2 trustees.

Question 32

what if there is only 1 legal owner of the etste

Answer 32

apoint a second trustee

Question 33

what are the 3 basic principles

Answer 33

mirror, curtain and insurance

Question 34

whatd oes the property register section state

Answer 34

name on the etstae, describes the extent of the land the estate affscts, lists ntoes the third party rights which benefits the estate.

Question 35

What does the proprietorship register section state

Answer 35

- hwo to the class fo the ownerships absolute or possesory gives the bames of estate owneers and their addresses records any resterictions that will affect tje dealing with the land.

Question 36

what does the charges register section state

Answer 36

reocrds rights which encumber the property e.g. mortgages

Question 37

what does the first compulsory registration trigger

Answer 37

s 4 1 lra 2002, conveyanve of legal freehold, leasehold of mroe than 7 yrs, a first legal mrotgage over 7 yrs or leasehold

Question 38

what happens if u fail to registe?

Answer 38

s 6 lra 2002 where a trigger event occurs tthe new owner must cmpete registration within 2 months otherwise not recognised as the legal owner s 7 lra 2002

Question 39

what are the following dispsiions under s 27 lra 2002

Answer 39

- transfer of f/h or l/h estate - grant of k/h estate for more than 7 yrs - espess recreation of legal easement or profit express creation of a rentcharge express creation a right f entry mortgage

Question 40

where is ntoice set out in lra 2002

Answer 40

s32 ra 2002 an entry in the entry in register inr epesct of a burden of an itnerest affecting a registered estate or charge ensures a thrud party would lose their potential caims

Question 41

what are the two types of itnerestrs

Answer 41

agreed notice or unilateral notice

Question 42

what does s33 prohibit certai interests ?

Answer 42

trusts leases under 3 yrs restrictive lh coe=venants

Question 43

4 main categorueus of overrdiing interests are

Answer 43

local land chafrges short term legal elases actual occupation implied legal easement

Question 44

schedule 3 para 3

Answer 44

the pruchase has actual knowledge of the easement or profit.