Nature of land

Question 1

What are the requirements for a valid land contract?

Answer 1

A valid land contract must comply with LP(MP)A, s 2. It must be in writing, signed by both parties, and contain all the agreed terms.

Question 2

What is the difference between proprietary rights and personal rights in land?

Answer 2

Proprietary rights in land are enforceable against third parties and are capable of being enforced in rem. Personal rights, on the other hand, are only enforceable against the person who granted the right and are enforceable in personam.

Question 3

What are the triggering events that require compulsory land registration?

Answer 3

The triggering events for compulsory land registration include the transfer of the freehold estate by sale, gift, or court order; grant of a lease for more than seven years; assignment of a lease with more than seven years remaining; assent or vesting deed of the freehold or leasehold with more than seven years remaining; grant of a lease to take effect in possession more than three months after the date of the grant; and first legal mortgage of the freehold or leasehold with more than seven years remaining

Question 4

What is the purpose of the Mirror Principle in Land Registration

Answer 4

The Mirror Principle in Land Registration ensures that each registered title reflects the state of the land’s ownership at any given time. It allows for online investigation of land titles with minimal additional inquiries and inspections.

Question 5

Can a land contract be varied? What are the requirements for a valid variation?

Answer 5

A land contract can be varied, but any variation must comply with LP(MP)A 1989, s 2. The case of McCausland v Duncan Lawrie Ltd [1997] 1 WLR 38 considered this issue and held that a material term in a land contract must also comply with LP(MP)A 1989, s 2 to be valid.

Question 6

What is the purpose of the Curtain Principle in Land Registration?

Answer 6

The Curtain Principle in Land Registration allows for a complete record of all matters relating to a piece of land. It simplifies and cuts down on the costs of conveyancing while providing a comprehensive record of land details.

Question 7

What are the two recognized legal estates in land?

Answer 7

The two recognized legal estates in land are the freehold estate and the leasehold estate. The freehold estate is equivalent to absolute ownership of land and lasts indefinitely, while the leasehold estate lasts for a certain duration and is granted out of the freehold estate.

Question 8

What is the purpose of the Insurance Principle in Land Registration?

Answer 8

The Insurance Principle in Land Registration guarantees that the ownership of a registered title is approved and investigated before registration. If any errors are found, an innocent party who has suffered loss can claim compensation against the Land Registry.

Question 9

What are the requirements for a valid deed in a property sale?

Answer 9

A valid deed must comply with LP(MP)A 1989, s 1. It must be clear on the face of the document that it is intended to be a deed, be validly executed, and be delivered. A standard form of transfer deed, such as a TR1, is commonly used.

Question 10

What is first registration in land law?

Answer 10

First registration refers to the requirement to register unregistered land when it is sold for the first time since December 1, 1990. It triggers the need to create a registered title for the land.

Question 11

What is commonhold and how does it differ from a long lease?

Answer 11

Commonhold is a type of freehold that was introduced by the Commonhold and Leasehold Reform Act 2002. It is created out of a freehold registered estate and is designed to meet the needs of owners of flats or apartments. Unlike a long lease, commonhold is not a declining asset and does not have an overall landlord. Instead, there is a commonhold association responsible for maintaining communal areas.

Question 12

What is the significance of the case Walsh v Lonsdale (1882) 21 Ch D 9 in relation to land contracts?

Answer 12

In the case of Walsh v Lonsdale, a land contract was given proprietary status based on the equitable maxim that ‘equity regards as done that which ought to be done’. This case established that a contract to create or transfer a legal property right will create a proprietary right in equity if the remedy of specific performance is available.

Question 13

What are incorporeal hereditaments?

Answer 13

Incorporeal hereditaments are the benefit of any proprietary rights that the land has but which have no physical substance. For example, an easement to park on a neighboring land is an incorporeal hereditament.

Question 14

What is the purpose of the Law Society Fixtures and contents form (Form TA10)?

Answer 14

The purpose of the Law Society Fixtures and contents form (Form TA10) is to avoid a dispute about whether an item is a fixture or chattel. It allows the buyer and seller to agree on which items are to pass on the sale.

Question 15

What are the restrictions on a landowner’s rights in the airspace above their land?

Answer 15

An owner’s rights in the airspace above their land are restricted to such height as is necessary for the ordinary use and enjoyment of the land and its structures. Anything that overhangs a neighbor’s land without permission is likely to be considered a trespass.

Question 16

What is the purpose of distinguishing between fixtures and chattels in a sale?

Answer 16

Distinguishing between fixtures and chattels in a sale is important to determine which items are included in the sale. This helps avoid disputes and ensures clarity for both the buyer and seller.

Question 17

What is the distinction between the upper and lower airspace?

Answer 17

The law distinguishes between the upper airspace and the lower airspace. The upper airspace has no exact height and is the portion necessary for the landowner’s ordinary use and enjoyment. The lower airspace is to such height as is necessary for the reasonable enjoyment of the particular piece of land.

Question 18

When does a structure overhanging someone’s property become a trespass?

Answer 18

If a structure overhangs someone’s property in the lower airspace, it is considered a trespass irrespective of whether damage is caused to the property.

Question 19

What is the legal principle regarding ownership of the ground beneath the surface of the earth?

Answer 19

The general principle is that a conveyance of land carries with it all that is beneath the surface. However, there are exceptions to this principle, such as certain minerals that belong to the Crown.

Question 20

What information is included in the Proprietorship Register in land registration?

Answer 20

The Proprietorship Register contains details of the owner of the legal estate and the class of title, such as title absolute or possessory title. It also includes any restrictions on the owner’s ability to deal with the land, such as a mortgage restriction preventing a sale without the lender’s consent.

Question 21

What information is included in the Charges Register in land registration?

Answer 21

The Charges Register contains the details of any burdens on the land, such as restrictive covenants, positive covenants, easements, and mortgages over the land. It also includes the details of any leases granted out of the title.

Question 22

What is the legal test for determining if an object is a fixture or a chattel?

Answer 22

The legal test has two parts: the degree of annexation test and the purpose of annexation test. The degree of annexation test considers how firmly the object is fixed to the land, while the purpose of annexation test considers why the object is attached to the land.

Question 23

What are overriding interests and how do they affect land registration?

Answer 23

Overriding interests are interests that do not appear on the title but will still be binding on a new landowner. An example of an overriding interest is a legal lease that is granted for a term of 7 years or less. Only interests that have been correctly entered on the register will be enforceable against a purchaser, except for those deemed by the LRA 2002 to be ‘overriding’.

Question 24

What are the different classes of title in land registration?

Answer 24

The different classes of title in land registration are Absolute Title, Qualified Title, Good Leasehold Title, and Possessory Title. Absolute Title is the best form of ownership and is most common. Qualified Title may be given if there is a defect in the title. Good Leasehold Title is granted when the Land Registry is satisfied with the leaseholder’s title. Possessory Title is given when there are no title deeds to prove ownership.

Question 25

What is the purpose of keeping the register updated in land registration?

Answer 25

Keeping the register updated ensures that it is an accurate reflection of a piece of land at any one time. Failure to register certain transactions means that the transaction is not legally recognized, and the buyer is not recognized as the new legal owner until registration has taken place.

Question 26

Requirements for a deed?

Answer 26

The requirements for a deed are set out in s 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LPMPA 1989) which are that it must be:
* in writing;
* clear on its face that it is a deed;
* signed;
* witnessed (by one witness); and
* delivered.