Land Law key facts Flashcards
what interests are capable of being legal
- Easements
- Legal mortgage
- rights of entry (forfeiture clause)
what interests are capable of being equitable
- freehold covenants (restrictive & positive)
- estate contracts
- interests in a trust of land
- Easements granted for an uncertain term
what are the land charge entries (unregistered land)
C(I) = puisne mortgage (second/subsequent legal mortgage)
C(IV) = estate contract
D(II) = restrictive covenant (after 1926)
D(III) = equitable easement (after 1926)
F = spouses matrimonial right of occupation
what is a fee simple absolute in possession
freehold title
what is a term of years absolute
leasehold title
when does the title to an estate pass (registered & unregistered)
unregistered = at completion
registered = registration at land registry
what are the rules for capability of becoming an easement
- the right must be capable of being an easement
- There must be a dominant and servient tenement
- The right must accommodate the dominant tenement
- There must be diversity of ownership
- The right must ‘be capable of being subject matter of a grant’
- no disqualifying factors
- exclusion possession
- additional payment
- needs permission - must have been acquired as an easement (either expressly, impliedly or by prescription)
what are the ways of creating an easement
express legal easements
- express creation (by deed & registered)
- prescription (20 years)
failed express legal easements
- become express equitable easements (in writing and signed by grantor)
Implied acquisition
1. Necessity
2. common intention
3. Wheeldon v burrows
4. s62 LPA
what is the rule in wheeldon v burrows
- The right to use the access is continuous and apparent
- The right is also necessary for the reasonable enjoyment of the dominant land .
- Must be ** in use by the common owner** (the now servient landowner) at the date of the transfer/lease.
what is the rule in s62 LPA
**Used to imply an easement in two situations:
- where there is prior diverstiy of occupation. Easement = implied when the lease has expired/is re-let
NECESSITIES for this:
* There must have been prior diversity of occupation of D/S land
* Informal permission/licence must have been granted to the occupier of D tenement to use S land in some way
* There must have been a conveyance (transfer by deed/lega; lease) of the D tenement
- Quasi-easement situation where land is divided for the very first time by lease or sale of part, if the right is continuous and apparent.
- BOTH THESE RULES will only imply legal easements into deeds (but not equitable easements).
what is the enforceability of easements
Express legal easements = automatically binding
* R: due to substantive registration
* UR: as legal interests bind the world
Implied legal easements = binding:
* R: as overriding interests
* UR: as legal interests bind the world
Express & implied equitable easements must be protected to be enforceable:
* R: by notice
* UR: by D(iii) Land charge
who are the covenantor and covenantee
covenantor = person who makes the promise
covenantee = person who receives the benefit
how does a Freehold Covenant pass in equity (benefit & burden)
burden:
1. negative
2. accomodates dominant tenement
3. intention for burden to run
4. must be notice
benefit:
1. touch and concern the land
2. pass by annexation (express or statutory), assignment, building scheme
how does a Freehold Covenant pass in Common Law (benefit and burden)
Burden: (only positive)
1. doesnt pass unless mutual benefit and burden
Benefit:
1. express assignment
2. implied assignment (touch & concern land, intention to run, legal estates in both lands)
