Land Law - Estates in Land

Question 1

Which legal estates need registration, and why?

Answer 1

All legal estates need registration to perfect the transaction and pass title to the Buyer

Question 2

When do you register leasehold estates?

Answer 2

Any leases lasting more than 7 years

Question 3

When do you register legal mortgages?

Answer 3

FIRST legal mortgages than run for more than 7 years

Question 4

When can equitable and legal easements be registered?

Answer 4

Legal easements on title on LR. Equitable easements as land charges, if post-1925

Question 5

What formality do all legal estates need to be transferred?

Answer 5

They must be signed and delivered as a DEED.

Question 6

Does a license give an action in rem or action in personam? (Define these terms).

Answer 6

Action in personam. Licenses are only good against the owner who granted it, not against the world / third parties.

Question 7

Name LEGAL interests in land

Answer 7

• Freehold,
• Leasehold,
• Mortgages,
• Easements (for a specific time or forever),
• Rights of entry (e.g. right of landlord to re-enter his flat)

Question 8

Name EQUITABLE interests in land

Answer 8

• Freehold/positive covenants (promise to do something, e.g. maintain a wall),
• Restrictive covenants (promise not to do something, e.g. not to build or alter),
• Beneficiary’s property interests held on trust,
  -Easements granted for an UNCERTAIN term,
• Estate contracts (e.g. contract to buy or lease land)

Question 9

Legal and Equitable titles - who gets damages and when?

Answer 9

Infringing legal titles automatically gets damages as a remedy; remedies for equitable titles are at the court’s discretion.

Question 10

A and B buy a house, both contributing 50% of the price. A is registered as legal owner on the Land Registry. What interest, if any, does B have in the land?

Answer 10

An equitable interest through an implied trust.

Question 11

What are the three stages of transferring a freehold title?

Answer 11

1. Exchange of contracts (in writing, all agreed terms in the contract, signed by both)
2. Completion by deed (must be clear on the fact of it that it’s intended to be a deed; valid signing; must be delivered).
   - No legal requirement for BUYER to sign the Deed (but this is always done in practice)
   - TR1 Form is used as standardised form of transfer.
3. Registration
   - registered land: title does not transfer until registration at Land Registry
   - unregistered land: Land must be registered for the first time within 2 months, or title reverts back to the original owner.

Question 12

When a seller signs a deed, what are the formalities?

Answer 12

The seller’s signature must be witnessed and the witness must also sign.

Question 13

Is dating a deed sufficient to count as “delivery”

Answer 13

Yes, this satisfies the formality to “deliver” the deed.

Question 14

When does title pass in unregistered and registered land?

Answer 14

Unregistered - Completion of transfer deed (but this triggers need to register the land for 1st time).
Registered - when registration occurs with LR.

Question 15

If you vary an estate contract, must it comply with the standard formalities (in writing, all express terms in one document and signed by both parties?)

Answer 15

Yes, variation must comply with formalities also.

Question 16

When will specific performance be authorised in land cases? (2 elements).

Answer 16

1. Up to court’s discretion; 2. Claimant must also “come with clean hands” (no fraud, deceit, etc.) because specific performance (and injunctions) are equitable remedies. Equity is all about doing what ought to have been done fairly.

Question 17

Can an estate contract work for a 5-year lease?

Answer 17

No, because it is no longer a short lease (3 years or less).

Question 18

Some events trigger the compulsory registration of land interests. What are they, and do they apply to both registered and unregistered land?

Answer 18

• First legal mortgage for more than 7 years; leasehold for more than 7 years; transfer of freehold estate.
• The triggering events apply to BOTH registered and unregistered land.

Question 19

Registered title on the Land Registry is split into three registers - what are they?

Answer 19

Property register detail of the property, plans + (nature: freehold/leasehold + any easements)
Proprietorship register - official copy of who owns the land + (classes of title: absolute, qualified, good leasehold, possessory, e.g. adverse possession or squatter)
Charges register (burdens on the land: positive & restrictive covenants, easements, mortgages)

Question 20

What is included in the statutory definition of land?

Answer 20

The surface,
Buildings or parts of buildings,
Airspace (only airspace necessary for ordinary use and enjoyment of the land),
Below the earth (around 300m)
- includes mines, cellars and minerals,
- any gold, silver or treasure belongs to the Crown;
- any coal belongs to the coal authority;
Any fixtures,
Any benefits on the land, e.g. easements to park on your neighbour’s land.

Question 21

What are the two tests for whether something is a chattel (personal property) or a fixture (part of the land)? Which prevails if they conflict?

Answer 21

Two tests:
- degree of annexation (the more firmly fixed, the more likely it is to be a fixture)
- purpose of annexation (is the fixture for personal enjoyment or to enhance the land/property?)
N.B. Chattels can be transferred by physical delivery but fixtures can only be transferred by the transfer of land.

Question 22

Give some examples of chattels and fixtures

Answer 22

Chattels: carpets, curtains, light fittings, ornaments, kitchen appliances if they can be removed easily.
Fixtures: bathroom fittings (toilet, bath, shower), items installed by a builder are likely to be, kitchen units

Question 23

If numerous stone seats and statutes exist, is this part of the land (fixtures)?

Answer 23

Yes, a chattel may form part of the land if it is part of the architectural design of the building, e.g. stone seats and statutes.

Question 24

Would a bungalow/garage form part of the land, if resting on concrete pillars?

Answer 24

Yes, a bungalow resting on concrete pillars (not the ground) is still a fixture because it cannot be removed w/o destruction.

Question 25

What remedies are available for proprietary rights (action in rem) and personal rights (action in personam)?

Answer 25

Proprietary interests can recover possession / use of the land. Personal rights can only settle for damages.