Land/Property

Question 1

What happens if a will leaves “the property which at my death constitutes my main residence”?

Answer 1

the vagueness will revent ademption of a specific property- ie whatever property fills that description at time of death.

Question 2

Who bears IHT when the will is silent?

Answer 2

The residuary estate bears the IHT burden.

Question 3

what happens to a gift subject to a mortgage if the will is silent?

Answer 3

Section 35 of the Administration of Estates Act 1925.:
passes with the property, the property is liable for the moratge. any person(s) with interest in it are liable in porportion to their share.
- also applies to any gifts with a leain/ mortage eg car/ shares
eg jack gets 100% of property- liable for 100%
jack and jane gt 75/25%- liable 75-25%

Question 4

Security of tenure

Answer 4

defn: buisness tenants are able to stay past end of lease ( security of tenure). applies for tennance (not licence) fixed/ periodic, in occupation (no sublet) and carries on buisness.

excluded( t at will, agri holdings, mining, service t or t less than 6mths with no renewal, t contracted out of act)

consequence: to end lease need grounds in 1954 act

avoice by: contract out of the Act (14 day before notice before start of lease, t must reply in writing or make stat dec before a silicitor), else it applied automatically

Question 5

Protection for teants under 1954 act

Answer 5

comm lease continues after CED untill terminated by method in Act

Question 6

Terminating a T with security s25

Answer 6

L- service s25 notice on form to T, with 6-12 mths before Spec termi date to end, and

a) L will not opose t new app but create new with market rent. must then apply to court for a new lease after notice but before STD.

or

b) L oppose new tennacy and grounds for opposition.

either party can apply to court

t should protect interest by unilateral notice at land reg or pending land action in unregistered land.

Question 7

terminating t with security under s26

Answer 7

t serves notice on L : ending curent lease and req new one on form, 6-12 befre propsed date of new lease ( cannot be before end of currnt lease)

LandL may counter notice within 2 mths an include grounds for opposing.

either party can apply after Lcountr notice or after 2 mths of s26 req.

Question 8

terminating t under s27

Answer 8

t serves notice on 7, no perscribed form, ending lease not req new one, served on immediate land lord.

Question 9

immediate land lord vs competent L

Answer 9

I L: holds the lease/ subleasehodler leasing to the T. direct landlord over T

CL- holds the freehold or holds the interest that exceeds the T lease terms.

Question 10

Mandatory and discretionary grounds for refusal of s25

Answer 10

Mandatory:d, f, g- (court will grant objection)
-other alternative
- demolish, reconstruct, renovate
- intend to occupy 4 self buis or residence

Disc: a.b.c.e - (court can choose if to grant anyway)
- breach of repairing oblig
- persistent and serious delay in paying rent- repeatedly
- other substantial breachers- serious and persistent
- sublet a part and L wants to take possession of the whole to lease/ sell as a whole

Question 11

s4 covenants

Answer 11

term guaranteeing the lease exists,
there is no onoging breach, and
nothing happened that would cause termination/ forfeiture of the lease

Question 12

covs in lease absolute, full qual, qual

Answer 12

Absolute Covenant: Total prohibition on assignment.

Qualified Covenant: Assignment requires landlord’s consent, but “reasonableness” is implied.

Fully Qualified Covenant: Assignment requires landlord’s consent, and the lease explicitly states that consent cannot be unreasonably withheld.

Question 13

SCPC- consequence if failure to get landlord consent

Answer 13

Condition 11.3.6, if the landlord’s consent has not been obtained by six months after the original completion date, either party may rescind the contract by serving notice on the other.

Question 14

AGA`s

Answer 14

pre jan 1996 - Privity of contract with orig- passes to everyone with AGA or without AGA ( aga didnt exist back then)- (A liable for B and C faults)

after 1996- AGA only applies to current. (A not liable for C after B signs AGA for C)

Question 15

Easement/ profit requirement requirement to be legal

Answer 15

1- by deed most cases- in freehold posession forever or
term of years.
- exception to fromality of deed:
- necessity,
- common intention -on sale/ tennancy ),
-wheeldon burrows( quazi converted to easement on sale)
-Perscription

if uncertin duration - equitable only

Question 16

Rule in ellenborough park on easement 4 requirement

Answer 16

(i,ii)must have dominant(benefited) and servient( burened) tenement - not owned and occupied by same person

(iii,iv)- easement must accomodate the benefited land and be capable of forming subject matter of the grant- ( defined, no cost, not extensive to claim posession, positive/ limted negative)

Question 17

quasi-easement- wheeldon v burrows

Answer 17

same as easement, but one owner, can be converted to easemnt on sale of land

made when owner sells and had used the eaasement befre sale- continously,/ apparently, is necessary for the reasonable use of the sold land, and currently in use at time of sale

Question 18

easements thats cant exist

Answer 18

right to light ( except unless through defined aperture- window)- sufficent to the usual notions of man

right to a view- law does not give action for things of delight
right to parking- not recogonised generally

right to recreation use of land is permitted

Question 19

Easement can require servient owner to spend?

Answer 19

no,
except in such cases as is natural to the land- Wood 1971, requirement to keep a fence in repair rural settings where livestock graze.

Question 20

test for - capable of forming the subject matter of the grant

Answer 20

1- reasonable/ exact defining what it is
2- not involved expenditure of the servient owner
3- not so extensive to claim posession/ joint posession of the burdened land

4- caution as to new negative easement preventing the burneded land from doing something) vs

( positive- the beenfit is enjoyed by ocucpants of dominant land eg right of way, erect a sign , drainage etc)

Question 21

Classes of land charges A, B, C, D, F

Answer 21

A- rent/ annunity
b- realted to a
C- pusine mortage( unregistered lender not holding deed as security eg where more than one mortage already xisting),
equitable chager, estate contract

D- restrictive covenant, equitable easement or inland rev charge

F- family law charge- marriage/ occupation