Land - Third Party Interests

Question 1

Which third party interests are capable of being legal?

Answer 1

1(1)(b) LPA - Leases
1(2) LPA - Easements
1(2) LPA - Mortgages

Question 2

Which third party interests are not capable of being legal?

Answer 2

1(3):
1- Covenants
2- Estate Contracts 
3- Options 
4- Beneficial Interests 
5- Trusts 

s.30 FLA rights (Statutory)

Question 3

What formalities are required to validly create a legal lease?

Answer 3

1(1)(b) LPA - A term of years absolute
52(1) LPA - Must be by deed
1 LP(MP)A - Requirements for a deed

Question 4

What formalities are required to validly create a legal easement?

Answer 4

1(2)(a) - equivalent to a term of years absolute or forever
52(1) LPA - By deed
1 LP(MP)A - Requirements for a deed

Question 5

What formalities are required to create an equitable easement without certainty of duration?

Answer 5

53(1)(a) - In signed writing (if in deed, this will exceed this so is fine)

Question 6

What formalities are required for an equitable easement not created in a deed to be valid?

Answer 6

s2 LP(MP)A

Question 7

What formalities must be met for a FLA right to be valid?

Answer 7

Statutory right:
1- House intended as matrimonial home
2- Marriage is subsisting
3- Legal owner spouse still alive

Question 8

What formalities must be met for an estate contract to be validly created?

Answer 8

s2 LP(MP)A

Question 9

What formalities are required to validly create an express trust?

Answer 9

53(1)(b) LPA - In signed writing

Question 10

What formalities are required to validly create an implied trust?

Answer 10

None 53(2)