Land Natures SQE2 Flashcards
What are the limitations of airspace and ground for land?
Airspace
- to heights necessary for ordinary use and enjoyment of land and structures
Ground
- All the way down but no entitled to most minerals, oil, gas, treasure etc.
What does something being a fixture vs fitting have in sale of land. What is the TEST?
Fixture = passes automatically
Fixture is affixed/annexed to land or a building so that it becomes part of the land or building.
Test:
1. degree of annexation test
- greater the degree of attachment to the land, the more likely item is fixture (ie does it stand on its own weight)
- Purpose of Annexation
- Was the item brought onto land with intent to make a permanent improvement or only temporary one. (statues as part of architectural design = fixture even if not attached)
Test 2 prevails over test 1 if they are opposed
Difference between freehold and leasehold land?
Leasehold
- Estate of fixed maximum duration
Freehold
- Estate of uncertain duration
What is common hold land?
- Registered as freehold estate in common hold
- Commonhold Community Statement
- gives rights and duties of members - Memorandum of Commonhold Association
- specifies land - Association is a company limited by guarantee, and each member will be unit holders
How can a seller of unregistered land show title to buyer // specific docs
- root title and unbroken chain of ownership
- be at least 15 years old
- deal with whole of legal and equitable interest in property
- contain an adequate description of property
- do nothing to case doubt on title - May Include
- conveyance on sale
- deed of gift
- mortgage deed
- an assent (transfer of land from personal representative of deceased to beneficiary)
Process for adverse possession of unregistered land?
Squatter must occupy land for 12 years
- legal owner holds land on trust for them
Squatter must show:
- actual possession
- exclusive possession
- possession is without permission
What are triggering events for registration?
- conveyance of freehold land
- assent
- deed of gift
- legal mortgage
- grant of a lease OVER 7 years
- assignment of lease with OVER 7 years remaining
Deadline for applying for first registration? Consequences for missing this?
2 months of triggering event
- maybe extension if for good reason
Failure means
Conveyance
- transfer of estate is void and estate reverts to seller
Lease and Mortgage
- takes effect in contract only
- legal estate goes to transferor who holds it as bare trustee
Party in default bears cost of remedy and must indemnify other party for liability arising from failure
What are the classes of title and what do they mean
- absolute freehold title
- take it with all beneficial interest
- only subject to 3rd party interests in register and overriding
2 qualified title
- there is a specified defect (noted in register)
- possessory title
- based on actual physical possession but no deeds
- bound by all 3rd party interests pre registration - good leasehold title
- satisfied that you have freehold title only - Absolute leasehold title
- register has inspected all superior leasehold titles
How can you upgrade Class of Title
Possessory can be upgraded to absolute freehold if Registered Proprietor can show that possessory title has not been challenged for 12 years since it was granted
What interests can be substantively registered and what does this mean?
Substantively registered means they can be registered in own title number (rather than as notices or restrictions on existing register of title)
Estates:
- estates in land (freehold / leasehold)
- rentcharges
- franchises
- profits a prendre in gross
What can you do if you want to prevent someone registering land?
File Caution against First Registration
- given notice of first registration
- can object
- often just so you can first protect your interest
Requirements
- must have an interest in land
- owner can apply to have it cancelled if you don’t have interest claimed
What are the different registers (including detail)?
- Property Register
- postal adress
- title plan
- freehold vs leasehold
- rights benefitting property - Proprietorship Register
- class of title
- name of owner
- Form A restriction (beneficial owner under trust) - Charges Register
- encumbrances
Process for adverse possession of registered land?
- Occupy land for 10 years
- right to apply for registration of title (ONLY) - Must show:
- actual possession
- exclusive possession
- without permission - Registered proprietor and others with interest given opportunity to object
- If objection then unlikely to be successful (exceptions)
When might adverse possession of registered land be successful despite objection?
- if it would be unconscionable for proprietor to seek dispossession of applicant
- if applicant is for some other reason entitled to be registered
- if there is a reasonable mistake as to boundaries
