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LLB > Land Law: Land > Flashcards

Land Law: Land Flashcards

1
Q

What is the authority for ‘The owner of the soil is presumed to own everything “up to the sky and down to the centre of the earth”?

A

Bernstein of Leigh v Skyviews & General

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2
Q

What is the test for fixtures and chattels?

A

Berkley v Poulett

  • Object and purpose?
    Method and degree of annexation? (D’Eyncourt v Gregory)
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3
Q

What is the authority for ‘if the only way a chattel can be enjoyed is to fix it, it remains a chattel’?

A

Leigh v Taylor

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4
Q

What is the principle for Leigh v Taylor?

A

if the only way a chattel can be enjoyed is to fix it, it remains a chattel

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5
Q

What is the authority for ‘Fitted carpets, curtains, light fittings, gas fires connected only by a gas pipe and standard size white goods are chattels. Fitted kitchen units are fixtures’?

A

Botham v TSB Bank

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6
Q

What is the principle for ‘Botham v TSB Bank’?

A

Fitted carpets, curtains, light fittings, gas fires connected only by a gas pipe and standard size white goods are chattels. Fitted kitchen units are fixtures

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7
Q

What is the principle for ‘A common-sense approach is often adopted so that if a house is constructed to be movable without destroying it, it is still a chattel’?

A

Elitestone v Morris

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8
Q

What is the authority for ‘Elitestone v Morris’?

A

A common-sense approach is often adopted so that if a house is constructed to be movable without destroying it, it is still a chattel

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9
Q

s4 LRA 2002 states that:

A

a title must be registered when:

  • The freehold is transferred;
  • A legal lease of more than 7 years is granted
  • A legal lease with more than 7 years to run is transferred; or
  • There is a grant of a first legal charge (e.g a mortgage).
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10
Q

Which section and act states when a title must be registered?

A

s44 LRA 2002

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11
Q

What are the three registers?

A
  • Property Register
  • Proprietorship Register
  • Charges Register
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12
Q

What is contained in the property register?

A
  • Description of the land by reference to a title plan and to the address of the property.
  • Easements.
  • Contains the benefit of any rights over adjoining land.
  • Whether the estate is freehold or leasehold.
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13
Q

What is contained in the proprietorship register?

A
  • Owner details.
  • Contains trusts interests.
  • Contains any restrictions on the owner’s right to sell or mortgage the property.
  • Cautions
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14
Q

What is contained in the charges register?

A
  • Contains IAREs (e.g. s30 FLA 1996 rights, estate contracts, restrictive covenants, equitable easements).
  • Third party rights
  • Notices – agreed and unilateral.
  • Any burdens on the land
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15
Q

A good root of title must:

A
  • Be at least 15 years old
  • Deal with the whole of the legal and equitable title
  • Contain an adequate description of the land
  • Contain nothing to cast any doubt on the title
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16
Q

Which section and act contains ‘home rights’?

A

s30 FLA 1996

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17
Q

What are the four categories of third party interest?

A
  • Registrable dispositions
  • IAREs
  • Trust interests
  • Overriding interests
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18
Q

Which section and act contains the list of registrable dispositions?

A

s27 LRA 2002

19
Q

Examples of registrable dispositions are:

A
  • Legal mortgage
  • Expressly-created easements
  • Leases for more than 7 years.
20
Q

Examples of IAREs are:

A
  • FLA 1996 rights
  • Estate contracts
  • Restrictive covenants
  • Equitable easements
21
Q

s30 FLA 1996 ‘home rights’ arise provided that:

A
  • The parties are legally married - s30(8);

- The home is, has been or is intended to be a matrimonial home.

22
Q

Which section of FLA 1996 actually grants ‘home rights’ and what are they?

A

s30(2)

  • Not be evicted from the matrimonial home (if in occupation); or
  • Enter into and occupy the house (if not in occupation).
23
Q

Which section of FLA 1996 limits s30 and why?

A

s30(7) if there was no intention for the estate to be a matrimonial home

24
Q

Which act extends FLA 1996 rights to civil partners?

A

Civil Partnership Act 2004 extends these rights to civil partnerships.

25
Q

Which third party interests must be protected by a notice in the charges register?

Which section and act states this?

A
  • Registrable dispositions
  • IAREs

under s32 LRA 2002

26
Q

Can IAREs be overreached?

A

No

27
Q

Can trust interests be overreached?

A

Yes, under s2 and s27 LPA 1925

28
Q

Which act lists overriding interests? Examples:

A

Sch 3 LRA 2002

  • Legal leases for less than seven years
  • Legal easements not created expressly by deed
  • An interest belonging to someone in actual occupation of the land (Williams & Glyn’s Bank v Boland)
29
Q

Actual Occupation interests will only override if:

A
  • The occupation would have been obvious on a reasonably careful inspection of the land at the time of the sale; or
  • The purchaser had actual knowledge of the interest at the time of the sale.
30
Q

What is the authority for Actual Occupation?

A

Williams & Glyn’s Bank V Boland

31
Q

What are the two types of notice?

A
  • Agreed: entered by or with the consent of the registered proprietor
  • Unilateral: entered without the consent of the registered proprietor
32
Q

What is a notice?

A

A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge (s32 LRA 2002).

33
Q

Can notices be overreached?

A

No

34
Q

Which land charge does ‘d(ii)’ describe?

A

restrictive covenant

35
Q

Which land charge does ‘d(iii)’ describe?

A

equitable easement

36
Q

Which land charge does ‘C(vi)’ describe?

A

estate contract

37
Q

Which land charge does ‘F’ describe?

A

family right under fla 1996

38
Q

Which rights cannot be registered in unregistered land?

A

legal rights

39
Q

Which act states the requirements for any contract relating to land? These requirements are…

A

s2 LP(MP)A 1989

  • be made in writing;
  • contain all the terms agreed between the parties; and
  • be signed by each of the parties. (Firstpost Homes v Johnson)
40
Q

Which case relates to the requirement of ‘being signed by both parties’ in contracts of land?

A

Firstpost Homes v Johnson [1995]

the requirement of s(2) where both parties need to sign can be satisfied by each party signing a copy and exchanging them.

41
Q

If a contract of land does not comply with s2 LP(MP)A 1989, because a term has been left out of a contract…

A
  • Rectification of the contract;

- Collateral contract. Record v Bell [1991]

42
Q

If a contract of land does not comply with s2 LP(MP)A 1989, because there is no written contract…

A
  • Exceptions in s2(5) LP(MP)A 1989 (a s54(2) LPA 1925 lease/short lease, public auction contract or contract regulated under the Financial Services and Markets Act 2000);
  • Constructive trust (Yaxley v Gotts [2000]);
  • Proprietary estoppel (Cobbe v Yeoman’s Row Management Ltd [2008]):
43
Q

Which section and act states the requirements for a valid deed?

A

s1(2) and s1(3) LP(MP)A 1989

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