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gcse biology > LAND LAW CLOSED BOOK QUESTIONS > Flashcards

LAND LAW CLOSED BOOK QUESTIONS Flashcards

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1
Q

What does land include?

A

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

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2
Q

Names for who owns the land

A
  • TITLE, freehold/ leasehold title, possession, the right to possession, occupation
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3
Q

What is land below the ground?

A
  • Minerals
  • Items buried in the ground boat six feet under elwes v brigg gas co 1886
  • Broach nine inches under
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4
Q

What is the land on the ground?

A
  • 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
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5
Q

What is above the ground?

A
  • Airspace see kelsen v imperial tobacco co 1957
  • certain restrictions of s 76 of civil aviation act 1982
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6
Q

What is land referred to water?

A
  • cannto individuals own free flowing water
    riverbed is land
    individual has right to use water
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7
Q

What is land referred to wild animals>

A
  • 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.
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8
Q

Can estates co-exist and often dp?

A

Yes but that person is not always in possions.

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9
Q
A
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10
Q

What statute limits the number of legal etsates

A

s1 1 lpa 1925

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11
Q

what section limits the numner of legal interests to 5

A

section 1 2 lpa 1925

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12
Q

What are the 2 legal estates

A

freehold and leasehold

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13
Q

WHt is freehold

A

fee simple

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14
Q

What is during lease

A

during lease time

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15
Q

What are the 5 legal interest

A

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

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16
Q

What are the equitable estates and itnerests?

A
  • beneficial itnerest under a trusy
  • estate contracts family rights of occupation
  • restrictive covenants
    estoppel claims
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17
Q

What are equitbale interests

A
  • 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.
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18
Q

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

A
  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
19
Q

What act for rgeistered land

A

Land registration act 2002

20
Q

How to prove ownership of unregistered land

A

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

21
Q

how to know the difference between registered and unregsietred land?

A

by the doctrine of notice

22
Q

what is doctrine of notice in a unrgeistered land

A

must buy a legal estate not an equitable one

23
Q

what does bona fide means?

A

acting in good faith

24
Q

what is lca 1972

A

land chagres act 1972

25
Q

what does the lca 1972 say

A

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

26
Q

what does the lca register only protect?

A

equtiable rights where the estate has been purchased

27
Q

what are the categories of te lca which are protectable

A

class c of lca 1971 check notes

28
Q

what cnanot be pretcted as a land charge

A

trusts , retsirctive covenants before 1926 and equitable easements before 1928

29
Q

what law is is for unregusteered land

A

s198 1 lpa 1925

30
Q

what happensif an interest is not registered

A

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

31
Q

what is overreaching

A

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

32
Q

what if there is only 1 legal owner of the etste

A

apoint a second trustee

33
Q

what are the 3 basic principles

A

mirror, curtain and insurance

34
Q

whatd oes the property register section state

A

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

35
Q

What does the proprietorship register section state

A
  • 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.
36
Q

what does the charges register section state

A

reocrds rights which encumber the property e.g. mortgages

37
Q

what does the first compulsory registration trigger

A

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

38
Q

what happens if u fail to registe?

A

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

39
Q

what are the following dispsiions under s 27 lra 2002

A
  • 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
40
Q

where is ntoice set out in lra 2002

A

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

41
Q

what are the two types of itnerestrs

A

agreed notice or unilateral notice

42
Q

what does s33 prohibit certai interests ?

A

trusts
leases under 3 yrs
restrictive lh coe=venants

43
Q

4 main categorueus of overrdiing interests are

A

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

44
Q

schedule 3 para 3

A

the pruchase has actual knowledge of the easement or profit.

gcse biology (6 decks)

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