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Land Law > Nature Of Land > Flashcards

Nature Of Land Flashcards

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1
Q

What are the two types of right inland?

A

Estates and interests

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2
Q

What will make a right legal

A

If it appears in the land and property act 1925, and meets the necessary formalities

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3
Q

What are the two types of Estates and land that are capable of being legal?

A

The estate in feesimple absolute in possession (freehold)

And the term of years absolute (leasehold)

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4
Q

What is an estate in land?

A

It is a period of time - a person owning an estate can create out of it, unless a state or shorter period of time. For example, a freehold owner can create a lease.

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5
Q

What happens if a freehold owner dies with no will Asda inherited

A

The property reverts to the crown

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6
Q

Can a lease be said to last forever

A

No

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7
Q

How is a lease created?

A

Elise is created by carving out a superior interest, such as a freehold or or longer lease

It is therefore possible to have more than one estate in relation to the same parcel of land - they can be a freehold estate and leasehold estate

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8
Q

What does exclusive possession mean in the definition of a leasehold?

A

Exclusive possession means the ability for the tenant to control the land and exclude everyone from the land, including the landlord

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9
Q

Which interest in land are capable of being legal

A
  • easements and profits
  • Rent charges
    -charges by way of legal mortgage
  • Interest in land with your rise by operation of statute
    -Right of entry
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10
Q

What is a profit?

A

A profit is a right to go on someone else’s land, and take from that land, something which exists naturally, for example, a right to fish, or a right to graze cattle

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11
Q

What is the time in requirement for an easement or a profit to be legal?

A

Only easements and profits, lasting forever, or for a fixturisation are capable of being legal - easements or profits for an uncertain duration, or not capable of being legal

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12
Q

What are the two tests used to decide if an object on land is a chattel or a fixture?

A
  • The degree of annexation test - hi family affixed is the object to the land - if an object cannot be removed without causing significant damage to the land, this indicates that it is a fixture, such as a fireplace or conservatory or panelling
  • The purpose of annexation test - why has the object been attached to the land- this is the key test and takes priority over annexation

If the object was attached to the land to enhance the land or to create a permanent improvement, then it is a fixture, if the object was attached to the land for better enjoyment of the object, or a temporary increase in the value of the land, then it retains its characteristic as a chattel

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13
Q

Who has the burden of proof in relation to the purpose of annexation test in deciding if something is a chattel or fixture?

A

The onus of proof is on the person claiming that the object has ceased to be a chattel

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14
Q

What if there is an argument based on an item attached to the land forms part of the land, architectural design?

A

Tapestries fixed into panelled walls, pictures, marble, races, and garden, ornaments, or how to be fixtures, despite their ease of removal, because the items were part of an overall architectural design of the land

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15
Q

What does the destruction exception mean in terms of chattels versus fixtures?

A

If something is easy to move, but it could not be moved without destruction. This would suggest that it is a fixture.- such as a dilapidated greenhouse that is likely to fall to bits of moved

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16
Q

What is a profit?

A

Alright to go on somebody else’s land and take from the land something which exists naturally, for example, a right to fish or a ride to graze cattle

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17
Q

What are the timing requirements for an easement or profit if these are going to be legal in nature

A

Only easements and profits, lasting forever, or for a fixed duration are capable of being legal - easements or profits for an uncertain duration is not capable of being legal (such as for life)

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18
Q

What is a rent charge and what are the timing requirements for it to be capable of being legal in nature?

A

Aaron charges are right to receive a periodic payments charged on the land. They are uncommon and rent charges only capable of being legal. If they are perpetual meaning, forever, or for a time of year is absolute, which means for a fixed duration.

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19
Q

What is a charge by way of legal mortgage

A

The bar, where is the mortgage are as they create the mortgage, and the lander is the mortgagee as they have the benefits of the mortgage

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20
Q

What are the most significant Waze equitable property rights can be created

A

Whilst only certain property rights can be legal, all property rights are capable of being equitable, and these are the way to create an equitable property right

Buy contract to create a transfer illegal is theatre interest

Buy trying to grant legal estate or interest, but failing to comply with relevant formalities

Buy expressed trust
Buy implied trust

Play grant of an estate or interest which can only exist in equity

Buy grant of an estate, their interest by a person who owns only an equitable right

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21
Q

What is the defining characteristic of a trust of land?

A

The defining characteristic of the trust is it, the legal title to the property is separated from the equitable interest

The person holding the legal title is known as the trustee the person who is entitled to enjoy. The benefits is known as the beneficiary. The trustees in the beneficiaries can be the same or different people.

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22
Q

What happens in a resulting trust of land

A

A person who is not a legal owner contribute directly to the purchase price of the property, and the person acquires an interest proportionate to their contribution

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23
Q

What happens in a constructive trust of land?

A

An interest in land is created when a person has not the legal owner makes a contribution to the property other than a direct financial contribution. At the time of purchase. This can include contributing to the mortgage payments are making substantial improvements to the property, unlike a resulting trustee interest will not be proportionate to their contributions made by quantify, taking into account the parties conduct, the direct non-direct financial contributions and any non-financial contributions.

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24
Q

Which interest are equitable by nature

A

Beneficial interest under a trust

Restrictive covenants
Estate contracts
The sale of a freeholder leasehold estate
An option
Alright of pre-emption
The grant of Elise
The grant of an easement proffers

25
Q

Which piece of statute created human rights

A

The family law act, 1996

26
Q

What is the impact of home right as created by the family law act, 1996

A

This is the statutory right of occupation of the matrimonial home for a non-owning spouse or civil partner

The right arises provided that

-
The parties are legally married or civil partners (not divorced) and

The home is has been or is intended to be a matrimonial home

27
Q

Do you home right create an interest in land

A

No

28
Q

Can you have both the resulting trust and home rights

A

Yes, home rights exist independently of any equitable interest arising under a trust

So, for example of two people are married, and one is the beneficiary under resulting trust due to their significant contribution towards the purchase price, but the other spouse holds the legal estate as a trustee for themselves and their spouse. As beneficiaries than the first post is not pull the legal title to the property and is therefore anon owning spouse entitled to home right, so resulting trust and home rights can be combined.

29
Q

Do you licenses Bynes successes in title?

A

No

30
Q

A a what are the formalities required for the creation, or transfer of a legal state or interest?

A

A deed is required for the creation of transfer of a legal estate of interest

Deeds must be in writing clear on its face that it is a deed, signed and witnessed by one witness and delivered

31
Q

What is the exception to the formalities required for a legal estate or interest?

A
  • short-term parole leases do not require formalities for creation - in order to be legal. Such parole leases must meet the criteria set out in the land and property act that the lease must be for three years or less. This will include a periodic lease where the period of the lease is for three years or less such as a monthly periodic list, the lease must take affect in possession. This means that the tenant must have the immediate right to possess and enjoy the land. The tenant must pay the best rent which can be reasonably obtained which is market rent. The landlord must not charge a fine or premium.- the premium could be paid instead of rent or in addition to it

The creation of a legal easement requires a formality of a dead, however, certain easements do not require this formality, and this will be assessed in a separate flashcard

32
Q

What are the requirements of section 2LP M,PA 1989, in order to be valid as a contract for the creation or transfer of rights inland

A

The contract must be in writing be signed by or on behalf of all parties and incorporate all the expressly agreed terms in one document

33
Q

What are some examples of transactions were the contract would need to comply with the requirements of section 2LPMPA 1989 in order to be valid

A

The sale of a freehold release, the grant of release the creation of an option and the creation of an easement

34
Q

What is the consequence of exchange in a property transaction?

A

Once contracts are exchanged, the buyer has an equitable interest in the land called an estate contract

35
Q

Variations to a contract. Also need to comply with section 2LPMPA 1989.

A

Yes

36
Q

What ways can equitable property rights be created?

A
  • Buy grant of an estate or interest which can only exist in equity
  • Buy grant of an estate or interest by a person who owns only an equitable right
    -Buy contract to create a transfer illegal estate, your interest
  • Buy trying to ground illegal a stater interest, but feeling to use a Valid deed

-Buy expressed trust

37
Q

What does it mean that you can create or transfer an equitable right in land by grant of an estate, or interest, which can only exist in equity

A

Certain equitable rights have no legal equivalents - such as restrictive covenants - even if these interests are created by deed, they will only ever be equitable as they are not listed in section one of the land and property act 1925, so they are not capable of being legal

This type of equitable right must be created by a signed written document

38
Q

What does it mean to you create equitable property rights by grant of an estate of interest by a person who owns only an equitable right?

A

A person cannot grant a greater interest, and they possess, so the owner of an equitable interest in land cannot grant legal interest - for example, a person holding an equitable, Elise can only sell an echo to police, not a legalese

This type of equitable right must be created by signed written document

39
Q

What does it mean to create equitable property rights by contract to create or transfer illegal estate inland?

A

A valid contract complying with section 2LPMP a 1989 is required. In addition, the remedy of specific performance of the contract must be available.

For specific performance to be available, the court will only grant this, if the person seeking it has behaved justly unfairly due to specific performance being an equitable remedy

For equity to recognise the arrangement there must be a contract complying with section 2LPMP a 1989 and clean hands

This is known as the Walsh doctrine

40
Q

If the claimant does have clean hands, what is the effect of a contract that creates or transfers, illegal estate or interest?

A

The impact is to create or transfer an equivalent equitable property right to the relevant legal property, right

For example

A contract to create a legal lease will create an equitable lease

A contract to create a legal easement will create an equitable easement

However, a contract to transfer an existing legal estate, either freehold or leasehold will create an equitable right noon as an estate contract

41
Q

What does it mean to create equitable rights by trying to grant a legal estate, your interest, but feeling to use a valid deed

A

In this instance, the parties do not deliberately enter a contract - they simply failed to use a valid deed and the court find a contract so that the transaction does not fail entirely

This requires a contract that complies with section 2LPMP a 1989, and clean hands

42
Q

Can equitable property rights be created by express trust

A

Yes, they must be created by a signed written document and a deed is not required

43
Q

What is an exception to the rule that for equitable rights to be created or transferred, there must be some form of signed written document

A

Implied trusts do not need to be created in writing, or signed the rise, without any formality, simply as a result of the conduct of the parties

44
Q

What approach should we take unpacking fax patterns as it relates to the nature of land?

A

1 - identify the interest - are there any hints in the facts to the type of interest involved? If something says exclusive use for ethics period that is a lease if something includes the right to use another slant does not create exclusive possession that an easement, or if there is an obligation not to do something on the land that is a restrictive covenant.

Step 2 - is the interest capable of being legal, or is it equitable by nature

Step 3 - have the correct formalities been used

Step 4 - the entrance is capable of being legal, but there is no deed

Step 5 -is it legal, equitable or statutory?

45
Q

It’s a restrictive covenant capable of being legal

A

No

46
Q

Is a contract for the creation of an easement capable of being legal

A

No

47
Q

Can a personal right like a license bind a third party?

A

No - privity of contract

48
Q

Where are legal interest in land contained?

A

The law and property act, 1925

49
Q

What are the two main legal interests that are covered in land law?

A

Easement and charges by way of legal mortgage

50
Q

What happens if you feel to register a deed for the creation of a legal interest?

A

It will no longer be illegal interest, but it may be an equitable interest

51
Q

What are the requirements for an easement to be legal

A

It must be created by David, and must exist for a certain amount of time for a free ordered Man’s last forever, and for a little deadmau5, last for a fixed duration, perhaps until the leasehold, and it cannot be legal if it exists only to the end of a certain event, such as until a government to build a road

52
Q

What happens to a charge by way of Lego mortgage win the mortgage is paid off

A

When the mortgage is paid off the charge by way of little more kids disappears and no longer exist

53
Q

When is a deed required?

A

For the creation, or the transfer of a legal interest or a legal estate inland land

54
Q

What is required for a document to be a deed?

A

It must make clear that the document is intended to be a deed

It must be signed by the person who intends to execute it with a witness who also signs

It must be delivered by the person who is going to execute it, or someone on their behalf - the date matters as the date that was sent will be seen as affective, but the rules on whether it is registered or ordinary post that we should look at from the University of Law text back

55
Q

Can a restrictive covenant ever be legal

A

No

56
Q

What is the effect of not registering registerable disposition?

A

Failure to register a freehold, lease easement or mortgage means they aren’t effective in law and the buyer only has equitable rights

57
Q

Are estate contracts capable of being legal and how can they be enforced?

A

They are not capable of being legal and they can be forced three specific performance

58
Q

What are the requirements for a contract for the sale of land?

A

They must be in writing, contain all the terms agreed by the parties and be signed by all the parties

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