Nature of Land

Question 1

What are the rights that have proprietary status?

Answer 1

Freehold estate - right to possession
Leasehold estate - right to possession
Easement
Mortgage
Restrictive covenant
Estate contract
Beneficial interest in a trust of land

Question 2

Freehold vs. leasehold estate:

Answer 2

The freehold estate is a legal estate that lasts for an unlimited time.

The leasehold estate is a legal estate that lasts for a certain period of time.

Question 3

Completion of the deed in registered/unregistered land?

Answer 3

Registered land - transfer.
Unregistered land - conveyance.

Question 4

Requirements for a deed:

Answer 4

Clear on the face of the document that it is intended to be a deed.
Valid executed - signed by the seller in the presence of a witness, witness signs.
Deed must be delivered/dated.

Question 5

When does legal title transfer in registered/unregistered land?

Answer 5

In registered land - legal title does not transfer until registration.
Unregistered land - legal title transfers upon completion of the deed.

Question 6

Compulsory land registration- what are the triggering events?

Answer 6

Transfer of the freehold estate by sale, gift.
Grant of a lease of more than 7 years.
Assignment of a lease of unregistered land with more than 7 years left to run.
First legal mortgage of the freehold or a leasehold with more than 7 years left to run.

Question 7

Compulsory land registration- what are the triggering events?

Answer 7

Transfer of the freehold estate by sale, gift.
Grant of a lease of more than 7 years.
Assignment of a lease of unregistered land with more than 7 years left to run.
First legal mortgage of the freehold or a leasehold with more than 7 years left to run.

Question 8

What are the 3 registers that the Official Copies are split into?

Answer 8

1. Property register - description of property, proprietary rights that benefit the land.
2. Proprietorship register - ownership register, details of owner of legal estate, class of title, restrictions on owner’s ability to deal with the land e.g. mortgage.
3. Charges register - details any burden on the land, restrictive covenants, positive covenants, easements, mortgages.

Question 9

What is qualified title?

Answer 9

The Land Registry is of the opinion that the title has some defects which it will then specify on the register.

Question 10

What is good leasehold title?

Answer 10

The Land Registry is satisfied as to the title of the leaseholder only and not the freeholder.

Question 11

What is possessory title?

Answer 11

Applicant is in possession of the property or in receipt of rents/profits.

Squatters rights.

Question 12

What are the formalities to create a lease over 7 years?

Answer 12

Deed.
Lease must be registered.
Failure to register = an equitable lease.

Question 13

What are the formalities to create a lease under 7 years?

Answer 13

Deed.
Lease does not need to be registered.
Still takes effect as a legal lease, binding as an overriding interest.

Question 14

Short lease exception - conditions required for a parol lease:

Answer 14

Lease takes effect in possession (immediately);
Granted at market rent;
Not subject to a fine/premium.

Parol leases don’t need to be registered, only leases over 7 years need to be registered.

Question 15

Legal interests in land:

Answer 15

A charge by way of legal mortgage;
Easements for a certain term;
Rights of entry.

Question 16

Equitable interests in land:

Answer 16

Freehold covenants;
Estate contracts;
Interests in a trust of land;
Easements for an uncertain term;
Estates/interests not created formally/not registered as required.

Question 17

What is the degree of annexation test for determining whether an item is a fixture?

Answer 17

The more firmly the object is fixed to the land/building, the more likely it is to be classified as a fixture.

Presumption.

Question 18

What is the purpose of annexation test?

Answer 18

Why has the item been placed on the land? If there is an intention that the item will be a permanent addition, it will be a fixture.

Purpose of annexation test takes priority.