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Last bits Flashcards

1
Q

How is the absolute right to land still limited?

(5 limits)

A
  1. Only ordinary use and enjoyment of the land
  2. Does not include wild animals
  3. Crown owns gold etc
  4. Does not include mining/oil/gas
  5. Need a licence to draw water from your land
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2
Q

Define freehold title

A

Fee simple asbolute in possession

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3
Q

Define leashold title

A

term of years absolute

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4
Q

What are the requirements for the creation of commonhold land?

A
  1. Registered as Freehold Estate in Commonhold Land
  2. Need a memorandum re the association (company limited by guarantee) setting out functions
  3. Need a Commonhold Community Statement which sets out rights and duties of association + members
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5
Q

What is a Commonhold?

A

It is like a leasehold - management company manages the lot.

BUT it’s run by an association - company limited by guarantee.

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6
Q

What is an estate rentcharge?

A

Used by property developers to fund and maintain common areas.

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7
Q

When will equitable mortgage NOT be enforceable?

A

When it’s not in writing. Mere deposit of title deeds WONT DO.

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8
Q

In what 4 circs is a deed NOT required for the valid transfer of property?

A
  1. Assent
  2. surrender - if conduct is sufficient
  3. leases - generally do not require writing (I assume if less than 7 years)
  4. disclaimer under the Insolvency act
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9
Q

What is the effect of registration of a land charge?

A

It consitutes actual notice - therefore binding on any buyer

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10
Q

When should buyer do a full land charges search?

A

Pre-completion

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11
Q

When will buyer take land free from equitable interest?

A
  1. bone fide (good faith)
  2. purchaser for value (i.e. not gift/assent)
  3. acquired legal estate/interest
  4. had no notice (actual, imputed or constructive)
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12
Q

What happens when squater has successfully exclusive possessed unregistered land for 12 years

A

Then the legal owner hold it on trust for the squatter until they registered.

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13
Q

How long after a triggering event must unregistered land be registered?

A

2 months

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14
Q

What happens to unregistered leases and mortgages?

A

They become contracts for valuable consideration. Title reverts back to the seller who hold it on bare trust for the beneficiaries.

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15
Q

Can extension for registration be granted?

A

Yes in exceptional circs - If good reason to do so.

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16
Q

What is the Title Information Document?

A

Updated copy of the register which reflects recent dispositions.

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17
Q

When can possessory title be upgraded? What is the process called?

A

After 12 years

Curative effect of registration - can get freehold - fee simple absolute

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18
Q

What is a caution and when can it be put on the register?

A

Party with interest in unregistered land can put caution on the register to protect their interest.

MUST have good reason

Will get notice re any registration can will be able to challenge if disagree.

19
Q

What is the difference between an AN1 and a UN1 form and when are they appropriate?

A

Can place notice of interest on the burdened land - register.

AN1 - either agreed by the parties, or if not, ample evidence to demontrate interest

UN1 - unilateral notice witout agreement.

20
Q

Can a spouse be deemed to have overriding interest of person in actual occupation?

A

No - they need to register their right as a notice of the register

21
Q

In what 3 circs can application for adverse possession of registered land be successful even if challenged?

A
  1. It would be unconsciable
  2. application has some other reason why entitled
  3. It is reasonable mistake re boundaries
22
Q

What does s14 ToLATA NOT give courts power to do?

A

Appoint or remove trustees

23
Q

What does s15 ToLATA state

A

It provides a list of considerations for the court in determining how to dispose of property under s14

24
Q

What is the notice period for a lease where no notice period is specified?

A

Usually as long as the period of the tenancy

25
What is a tenancy at will?
Not an estate in land - personal arrangemet.
26
In what 2 circs will lease be void for uncertainty?
1. Where term is uncertain - eg until the war ends 2. Where start date is uncertain
27
When is a deed NOT required to create a legal lease?
For a lease for less than 3 years (could even be oral!) AS LONG AS: 1. The tenant takes possession, and 2. Pays market price
28
What are Prescribed Clauses for leases, and since when are they enforceable?
They are included in leases after 19 June 2006 Set of terms that are implied into leases - basically covenants
29
What is the implied covenant not to derogate from grant?
Landlord must not frustrate the purpose for which premises were let.
30
When will landlord be able to exercise right of forfeiture?
Only if expressly included in the lease document
31
What is a s146 LPA 1925 notice?
IF tenant fails to repair/upkeep property landlord can try to forfeit BUT must first give notice under s146 telling T to rectify breach 1. Specify breach 2. Give reasonable time to rectify 3. Request compensation
32
In what circumstances will a sub-tenant be liable for covenants under headlease?
Usually T remains liable for all. May be possible for landlord to enforce restrictive covenant against the sub-tenant
33
What are the formalities of a valid assignment?
Deed
34
What happens when assignment without consent of landlord?
IF deed then it will transfer and be effective. However, tenant will be in breach of covenant. Remedy - go to court and get order IF think that landlord is being unreasonable.
35
What is the effect of headlease assignment on a sublease?
Nothing - effective against the new headlease.
36
What is a merger in the context of terminating a lease?
Where freehold and leasehold merge.
37
What is the effect of termination on subleases?
Usually will bring sublease to an end EXCEPT 1. **Where headlease is surrendered** - then sublease stand and sublease terms now enforceable against head landlord 2. **Merger** - where interest will be obtained subject to sublease.
38
What is the duration requirement for profits and easements?
Either forever OR for fixed term. Cannot be ‘for life’ as that is uncertain.
39
Which implied reservations are recognised on transfer?
Not usually - BUT will be for easements of necessity and intended easements (common intention of parties)
40
What are the three ways of acquiring an easement by prescription?
1. Common law - time immemorial - at least 20 years 2. Lost grant - where can demonstate 20 years - then will pretend that grant was lost 3. Prescription Act 1832
41
What is an equitable mortgage charge?
C(iii)
42
What is postponement in the context of mortgages?
Two mortgage lenders can agree to vary priority. The one losing priority is said to be postponed.
43
What is vacant possession?
Seller to leave property empty - if leave a basement full of sacks then NOT vacant possession.

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