LL Flashcards
What is the legal foundation upon which conveyancing stands?
A1: Land law is the legal foundation upon which conveyancing stands, involving the rules and principles of land ownership and the transfer of title to land.
Q2: What are the two broad categories of property in English land law?
A2: The two broad categories of property are personal property and real property. Real property pertains to land or an interest in land, while personal property refers to movable items like cars or refrigerators.
Q3: What significant changes occurred in English property law in 1925?
A3: In 1925, several key legal acts were introduced, including the Law of Property Act 1925, which provided key definitions for legal estates and interests, the Land Registration Act establishing the system of land registration, and the Land Charges Act 1925.
Q4: What does the term ‘fixture’ refer to in the context of land law?
A4: A fixture refers to an item that is attached to the land or a building to such an extent that it becomes part of the land or building and passes automatically to the buyer upon sale of the property.
Q5: What is the difference between fixtures and fittings, and why is it important?
A5: Fixtures are items that are attached to and become part of the land or building, passing automatically to the buyer upon sale. Fittings (or chattels) are personal property items that do not automatically pass with the sale unless specifically included in the contract. The distinction is crucial for determining what is included in a property sale.
Q6: Describe the two tests used to determine whether an item is a fixture or a fitting.
A6: The two tests are the degree of annexation, which considers how attached an item is to the land or building, and the purpose of annexation, which looks at why the item was brought onto the land and whether it was intended as a permanent improvement.
CORPOREAL
HEREDITAMENTS`
INCORPOREAL
HEREDITAMENTS
CORPOREAL
HEREDITAMENTS
* Surface of the land, buildings, parts of buildings, mines, minerals, trees, and plants
INCORPOREAL
HEREDITAMENTS
* Rights, easements, and rents
TwO TESTS
TwO TESTS
* Degree of Annexation
- Greater attachment = fixture
- Easy to remove = fitting
* Purpose of Annexation
- Permanent improvement = fixture
EXAMP Tip:
part of the land or the buyer has a right to it or the like.
TWO LEGAL ESTATES
TWO LEGAL ESTATES
* Freehold estate
- Fee simple absolute in possession
- Right to use indefinitely
- Leasehold estate
- Term of years absolute
- Fixed maximum duration
Q2: Can you list the five legal interests recognized in land under the Law of Property Act, 1925?
A2: The five legal interests are mortgages, easements, rentcharges, profits a prendre, and rights of entry, often remembered by the mnemonic “MERRP.”
Q1: What are the two legal estates in English land law?
A1: The two legal estates are freehold estates and leasehold estates.
Q3: What is the difference between a freehold estate and a leasehold estate?
A3: A freehold estate (fee simple absolute in possession) is the right to use land indefinitely, while a leasehold estate (term of years absolute) is for a fixed duration.
Q4: What is an equitable interest in land?
A4: An equitable interest in land arises when the formalities for creating a legal interest are not met but equity recognizes the intention of the parties, offering protection based on fairness.
Q5: What are the formalities for creating a valid contract for the sale of land?
A5: A contract for the sale of land must be in writing, include the agreed terms, and be signed by all parties involved or by their authorized representatives.
I think you’ll profit from the following question:
Which profit may be sold apart from the land?
* (A) A profit a prendre appurtenant
* (B) A profit a prendre in gross
- (B) A profit a prendre in gross
A profit a prendre in gross is not attached to the land, whilst a profit a prendre appurtenant is. This really is fun trivia that can make you sound more lawyer-like at cocktail parties. I don’t expect you to run into these as a day-one solicitor. Nevertheless, because it’s such an easy thing to test on, I think it’s something you need to commit to memory.
What are the legal estates?
A and F
Freehold and Leasehold
(A) and (F) are correct. If you got this wrong, don’t feel bad. I led you down the garden path and then changed course - mostly to show you that you have to pay close attention and think hard about what is being asked in the exam. The question asks for the legal ESTATES. There are only two: freehold and leasehold. On the other hand, there are five legal INTERESTS - MERRP: Mortgages, Easements, Rentcharges, Rights of entry, and Profits a prendre. This is only terminology, but terminology is very important to solicitors. It’s our bread and butter.
Valid Deed
Valid Deed
* In writing
* Intended to be a deed
* Executed as a deed
* Signed
* Witnessed
* Delivered
Q2: What is an epitome of title, and why is it used?
A2: An epitome of title is a chronological list of title documents with copies attached, used to prove ownership without handing over original documents at the pre-contract stage.
Q1: What is required to deduce title in the unregistered system of land ownership?
A1: To deduce title, the seller must produce a good root of title and demonstrate an unbroken chain of ownership for a minimum of 15 years through documentary evidence such as conveyances, deeds of gift, and mortgage deeds.
Q3: How are legal and equitable interests distinguished in the context of unregistered land?
A3: Legal interests bind a buyer irrespective of notice, while equitable interests only bind a buyer if they had notice of the interest, typically through registration as a land charge or under the doctrine of notice.
Q4: What role does the land charges register play in the unregistered system?
A4: The land charges register protects and reveals third-party equitable interests, making them binding on future landowners if properly registered against the owner’s name.
Q5: How does adverse possession impact land ownership in the unregistered system?
A5: Adverse possession allows someone to acquire title to land after 12 years of unchallenged occupation, provided they can show actual, exclusive possession without the landowner’s permission.
DEDUCING TITLE
DEDUCING TITLE
Seller proves ownership of land through documentary evidence
PROVING OWNERSHIP
Good root of title
Unbroken chain of ownership
Minimum period of 15 years
How old must the good root of title be?
The good root of title must be at least 15 years old at the date of the contract in the context of unregistered land.
Remember
are a conveyance on sale, a deed of gift, a mortgage deed, and an assent.
For a bit of déjà vu all over again, why do we care whether an equitable interest is registered?
An equitable interest is binding on a third party only if they have notice of it. And registration constitutes notice, so a subsequent buyer of property subject to an equitable interest will be bound by that equitable interest if it is registered.
On 1 May, you enter a contract with me to buy my house, which my family has owned for generations. Title to the house is, therefore, unregistered. We agree a completion date of 20 May. How can you protect yourself against me selling my house to someone else before our completion date?
O (A) Get me to promise not to.
O (B) Regsister the contract as a C(i) puisne mortgage land
charge.
* (C) Register the contract as a C(iv) estate contract land charge.
* (D) Register the contract as a D(ili) equitable easement.
(C) is correct. (A) is wrong - I’ve already made that promise by exchanging contracts with you. A second promise won’t provide you with any additional protection. (B) is wrong - remember, a puisne mortgage is a second or third or fourth or so on mortgage. That’s not what you have here: you are buying my house. (D) is wrong - firstly, because I haven’t talked about this yet, and I would never ask you about something I hadn’t explained! And secondly, because you aren’t taking an easement - you have a contract to buy my house.
CLASSIFICATION OF LAND CHARGES
CLASSIFICATION OF LAND CHARGES
C(i) - puisne mortgage
C(iv) - estate contract
D(ii) - restrictive covenant
D(ili) - equitable easement
F - home occupation rights
Thave decided to move to the south of France and leave my old life behind.
You have agreed to buy my house - a vast unregistered estate (nothing could be further from the truth, but let’s roll with it). For many years, my neighbour has been driving over my land to gain access to a road - for long enough to have gained a right to continue. And for long enough to create two very visible tyre tracks. Of course, my neighbour never thought to register an easement.
And you never ventured on that part of my vast estate. You pay me handsomely for my house, blissfully unaware of my neighbour’s use. Must you continue to allow the neighbour to drive across your land?
* Yes.
O No.
Yes. Although you acted in good faith and paid value, you will be subject to the neighbour’s interest because, had you physically inspected the land, you would have seen the tyre tracks, so the easement would have been obvious on a reasonably careful inspection of the land.
Let’s go back to my vast, unregistered estate, which you bought from me and registered. Had you or your solicitor knocked on the door before we completed the sale, you would have discovered that I was not living there, but rather my tenant was. I had leased the estate to her a vear ago and there are four more years remaining on the lease. Her lease is not registered.
When can you move in?
* (A) Immediately, because you bought the house in good faith, and the lease is unregistered.
* (B) Immediately, because your interest as a purchaser will override the tenant’s interest. allowing vou to register vour ownership and override the lease.
* (C) In four years, because the lease will override your registered interest.
(C) is correct. This is a classic example of an interest that will override first registration. If someone else has a lease of less than seven years or a legal easement, or if there is a local land charge, or if there is an interest belonging to someone in actual occupation, that interest will override your first registration.
REGISTRATION OF TITLE
* Create register of title
- Property Register - address, estate, rights benefiting property
- Proprietorship Register - holder(s) of legal estate
- Charges Register - rights burdening property