Land T1 --- foundations

Question 1

What are the key features of a proprietary right as established in National Provincial Bank v Ainsworth?

Answer 1

1. Identifiable
2. Definable
3. Capable of binding third parties
4. Permanent and stable

Question 1

Difference between personal and proprietary rights

Answer 1

proprietary rights can bind third parties, personal rights bind specific individuals

Question 2

Why is Manchester Airport plc v Dutton controversal in the context of land law?

Answer 2

1. MA applied and obtained an order of possession.
2. Said order can only be applied by a party with proprietary rights
3. MA does not have proprietary rights
4. There is a departure from the established doctrine

Question 3

Give 4 examples of legal property rights and relevant authorities

Answer 3

1. Freehold
2. Leasehold
3. Legal mortgages
4. Legal easements

s1(1) and s1(2) LPA 1925

Question 4

Give 4 examples of equitable interests and relevant authorities

Answer 4

1. Beneficial interests under a trust
2. Equitable mortgages
3. Equitable easements
4. Restrictive covenants

s1(3) LPA 1925

Question 5

Define license and its nature

Answer 5

• They are rights relate to land but which are not property rights
• They cannot be binding on third parties

Question 6

What are the formalities for the creation/transfer of legal rights

Answer 6

1. It must be created by a deed
2. It has to be registered as per s27 of LRA 2002

Question 7

What are the requirements of a deed

Answer 7

1. It is made in writing
2. It makes it clear on its face that it is intended to be a deed by the person making it or… by the parties to it… ;
3. it is validly executed (signed and witnessed) as a deed by that person or… one or more of those parties

Question 8

What are the formalities for the creation/transfer of equitable interests

Answer 8

1. It is made by a written contract
2. It has to be registered as per s27 of LRA 2002

Question 9

How are equitable interests created

Answer 9

1. The right does not fall within s1 LPA 1925
2. Falls under s1 LPA 1925 and there has been a failure of formalities
3. Falls under s1 LPA 1925, complied with formalities but there has been a failure to register the right when required

Question 10

Give 3 examples of legal rights made by deed

Answer 10

1. Freehold
2. Leasehold lasting more than 3 years
3. A legal mortgage

Question 11

Give an example of legal rights NOT made by deeds and its authorities

Answer 11

• Parol lease under s54 of LP(MP)A 1989