notes

Question 1

is transferring lease agreement trigger the first registration?

Answer 1

If the remain time exceeds the seven years

Question 2

If there is an interest how the registration should be?

Answer 2

it should be registered of both the property which gives the interest and the land which benefitting the interest

Question 3

Is the positive covenant can be enforced?

Answer 3

Yes, because it is a positive covenant that may be enforced due to the doctrine of privity of contract as the woman and the friend are the original contracting parties.

Question 4

What is the possessory title

Answer 4

If the title deed can not be found and owner is living at the same property then it can be registered under the possessory title

Question 5

if you are a seller’s solici6tor and the property is under mortgage and seller’s partner has been paying the mortgage for a while?

Answer 5

buyer should appoint saecond trustee alongside the seller so as to reach the partner’s interest

Question 6

What is estate contract and statutoory right of occupation

Answer 6

the estate contract land charge is the appropriate form of protection for a contract to purchase a piece of land.
(B) is incorrect because a puisne mortgage is a second or subsequent charge not protected by the deposit of title deeds. (C) is incorrect because it is the way to protect the rights of occupation of a non-owning spouse or civil partner (Class F land charge) if the title in question is unregistered

Question 7

A swimmer wants to purchase the registered freehold title to a seaside cottage. The swimmer’s solicitor makes their enquiries before contract. In doing so, the solicitor discovers that a neighbour, without any permission, has been openly walking across the cottage property for 30 years to reach the beach. There is no mention of any such right on the registers of title.

Answer 7

The neighbour may have an easement over the property that has been acquired through prescription and this could bind the swimmer.

Question 8

A swimmer wants to purchase the registered freehold title to a seaside cottage. The swimmer’s solicitor makes their enquiries before contract. In doing so, the solicitor discovers that a neighbour, without any permission, has been openly walking across the cottage property for 30 years to reach the beach. There is no mention of any such right on the registers of title.

Answer 8

The neighbour may have an easement over the property that has been acquired through prescription and this could bind the swimmer.

Question 9

A woman owned a plot of land which she sold to her cousin by way of conveyance in 1985. This transaction did not trigger first registration of the title. In that conveyance, the woman imposed a covenant on the plot not to build more than a four-storey building on the land. The cousin has now sold the plot to an investor who wants to build a 10-storey tower block on the plot. While reviewing the epitome of title provided by the cousin, the investor’s solicitor saw the covenant in the 1985 conveyance. When he carried out a full land charges search, the result came back clear with no entries

Answer 9

No, because the covenant was not registered as a D(ii) restrictive covenant land charge. restrictive covenants should be registered

Question 10

A chef contracted to sell her home to her cousin. While living in the home, the chef installed a wood-fired pizza oven in the property’s garden. The chef built a special stone enclosure that was integrated into the garden’s design to house the oven and store firewood, and also bolted the oven to a concrete slab. The oven is not referred to in the contract of sale. After entering into the contract, the chef tells the cousin that she intends to remove the oven on completion of the sale

Answer 10

The chef is not entitled to remove the oven as it is a fixture and forms part of the land passing to the cousin on the sale’s completion.

Question 11

A woman has a right to remove fish from a neighbouring pond. The woman offers to sell this right to her nephew, who enjoys fishing. The woman’s nephew is concerned because the woman does not own the land from which she removes the fish.

Answer 11

The woman is likely to have and is trying to sell a profit a prendre in gross. A profit a prendre is an interest in land enabling someone to take something from the land of another (for example, timber or fish). A profit a prendre in gross is a profit that can be bought and sold independently and it is not attached to the ownership of any piece of land. Here, the woman’s right to remove the fish is not attached to any piece of land, so it is likely to be a profit a prendre in gross.
B) is incorrect because a profit a prendre appurtenant is a profit in which the right is attached to a particular piece of land in the same way as an easement. As explained above, the woman’s right is not attached to any piece of land.

Question 12

A woman owns a home with a large garden. The woman is concerned because her neighbour frequently piles rubbish in a corner of his land rather than putting it in a bin. The rubbish develops a foul smell which prevents the woman from enjoying her garden. The woman believes the neighbour’s activity breaches a covenant entered into by the woman’s predecessor in title. The covenant states that there must be ‘no noxious odorous or offensive activity’ taking place on the neighbour’s land. There is no reference in the agreement containing the covenant whether the covenant is intended to be for the benefit of any successors.

Which of the following is a condition that must be satisfied for the woman to enforce the benefit of the covenant at law?

Answer 12

The covenant must have been intended to run with the land held by the predecessor in title.
(B) One condition the woman must satisfy is that the covenant must have been intended to run with the land held by the woman’s predecessor in title. A benefit is assumed to have been intended to run with the land, unless there are express words to the contrary (of which there are none here). Additionally, in order to enforce the benefit of the covenant at law, the woman must show that (1) the covenant touches and concerns her land; (2) at the time the covenant was made, the woman’s predecessor in title held the legal estate in the land to be benefitted; and (3) the woman now holds the legal estate in the land to be benefitted

Question 13

A singer, a writer, and an actor buy a bungalow in the countryside together. All three hold the legal and beneficial interests as joint tenants. The actor dies, leaving a will granting all of his property to his nephew. Then, the writer dies, leaving no will and being survived by his only daughter.

Who owns the land?

Answer 13

The singer owns the land. Under a joint tenancy, if one of the co-owners dies, their interest in the property passes to the survivor(s) automatically by virtue of the doctrine of survivorship. A joint tenant does not have a distinct share in the co-owned land, so no share can be disposed of on death (such as in a will). The survivor of joint tenants automatically acquires the deceased’s interest. Here, the singer, writer, and actor held as joint tenants. Thus, on the actor’s death, the actor’s interest passed to the remaining joint tenants by survivorship (the singer and the writer). Then, on the writer’s death, the writer’s interest passed to the remaining joint tenant (the singer)

Question 13

A singer, a writer, and an actor buy a bungalow in the countryside together. All three hold the legal and beneficial interests as joint tenants. The actor dies, leaving a will granting all of his property to his nephew. Then, the writer dies, leaving no will and being survived by his only daughter.

Who owns the land?

Answer 13

The singer owns the land. Under a joint tenancy, if one of the co-owners dies, their interest in the property passes to the survivor(s) automatically by virtue of the doctrine of survivorship. A joint tenant does not have a distinct share in the co-owned land, so no share can be disposed of on death (such as in a will). The survivor of joint tenants automatically acquires the deceased’s interest. Here, the singer, writer, and actor held as joint tenants. Thus, on the actor’s death, the actor’s interest passed to the remaining joint tenants by survivorship (the singer and the writer). Then, on the writer’s death, the writer’s interest passed to the remaining joint tenant (the singer)

Question 14

A man has been feeding deer in his yard for years. Although the deer are wild, several spend most of their time on his property and he has named them. One day after the man has fed the deer, he watches a deer he has named Bambi bound over a fence into his neighbour’s garden. The neighbour then shoots the deer. The man brings suit against the neighbour seeking to recover the value of the deer.

Will the man’s suit be successful?

Answer 14

the man’s suit will not be successful because deer are wild animals and do not belong to a landowner even if they feed the deer. A landowner does not own wild animals on his land, but he does have the right to hunt them

Question 15

A married couple is looking to buy their first home together. The wife is a banker and tells her husband she will handle the financing details. A building society grants the woman a £250,000 mortgage to purchase a property. Title to the property is registered in the woman’s sole name. The building society dealt solely with the wife and did not know when it granted the mortgage that the husband contributed to the purchase price and lives at the property. After the wife misses a few mortgage payments, the building society brings proceedings to repossess the property.

Will the building society be able to force the husband to vacate the property upon repossession?

Responses

Answer 15

No, because the husband will have an overriding interest by virtue of his actual occupation of the property plus his contribution to the purchase price.

Question 16

In 2017, a freeholder (“the landlord”) granted a 15-year lease of her bungalow to a friend. The lease was registered. A month ago, the friend sold his leasehold interest to his cousin.

Which of the parties are bound by the covenants in the lease upon the transfer to the cousin?

Answer 16

The landlord and the cousin are bound by the covenants. The friend was released from liability when he transferred his interest to the cousin.

Question 17

A printer agrees to buy a paper mill from an investor. The parties enter into a contract for the purchase. Legal title to the mill is registered at Her Majesty’s Land Registry (‘HMLR’). The transaction is not due to complete for another four months.

Which of the following best describes how the printer’s position should be protected?

Answer 17

The printer’s position should be protected by registration of a notice on the investor’s charges register. A notice is an entry in the register in respect of a burden affecting a registered estate. The notice must appear on the investor’s charges register, which is where any burdens or encumbrances that affect the land-such as covenants, mortgages, or, as here, an estate contract-must be entered.

Question 18

Ten years ago, two friends learned that they would be moving to the same city at the same time for new jobs. They decided to jointly purchase a property to live in together and save money. The friends then purchased a bungalow as joint tenants. Over the years, the friends have drifted apart and now wish to go their separate ways. However, they cannot come to an agreement about what should be done with the bungalow. One friend wants to sell and the other does not.

What step can the owner who wants to sell take to break the deadlock?

Responses

Answer 18

The owner who wants to sell can apply to the court for an order for sale.

Question 19

Eleven years ago, a professional footballer began using an empty field near her home for solo practice sessions. Soon after, she enclosed the field with a fence, put up a goal, and erected a shed to store equipment. She regularly maintains the field by having lines marked and the grass mown. The footballer never spoke to anyone about her use of the field. As she has just signed a contract to remain with her team, she would like to take steps to formalise her position to ensure that she can continue to use the field. She consults a solicitor, who discovers that title to the field is registered.

What advice is the solicitor likely to give to the footballer?

Answer 19

(E) The footballer should make an application for title to the land by adverse possession as she has been in occupation of the land for over 10 years. In the registered system, the period of adverse possession is a minimum of 10 years; after 10 years, the squatter may apply for registration of title. The applicant will have to show that they have actual physical possession of the land; that possession is exclusive to the applicant; and that possession of the land is without the permission of the landowner. Here, the footballer has exclusively and actually possessed the field for over 10 years without the landowner’s permission. Thus, she should make an application for title to the land by adverse possession to formalise her position.

Question 20

An investor bought a freehold plot of land for the full asking price. She planned to tear down the existing house on the property and construct a small building with several flats in its place. Shortly after completion, the investor was inspecting the land with a contractor. At that point, a neighbouring landowner inquired about the investor’s plans. The neighbour then told the investor that the plot is subject to a covenant not to build a structure other than a single-family home on the property. The neighbour showed the investor a written document, signed by the previous owner of the investor’s plot, which included the covenant. The plot is already registered at Her Majesty’s Land Registry (‘HMLR’). The investor called her solicitor, who confirmed there was no mention of the covenant on the title document at HMLR.

Will the neighbour likely be able to enforce the covenant against the investor

Answer 20

The neighbour is unlikely to succeed in enforcing the agreement against the investor because the neighbour’s interest has not been protected by a notice on the charges register of the plot. A restrictive covenant (as here, an agreement not to build a structure other than a single-family home) is an equitable interest that must be protected by entry of a notice for it to be capable of binding a future purchaser for value. A notice is an entry in the register in respect of a burden of an interest affecting a registered estate or charge. The notice would appear on the charges register of the investor’s plot (the burdened land), as the charges register indicates any encumbrances which affect the land, such as covenants or mortgages. As there is no mention of the covenant on the title document at the HMLR, the neighbour will be unable to enforce the agreement against the investor.

Question 21

A man holds a 25-year lease, granted 15 years ago. The man was recently made redundant and has not paid rent for three months. He looks over his lease and discovers that it contains no provision regarding the landlord’s remedies for failure to pay rent.

May the landlord seek the remedy of forfeiture for the man’s non-payment of rent?

Responses

Answer 21

) The landlord may not seek forfeiture because forfeiture will not be implied into a lease on the landlord’s behalf and there is no express provision. Forfeiture is the right of a landlord to re-enter the premises and bring the lease to an end early due to default by the tenant. It is available for breaches such as the tenant’s non-payment of rent or breach of a covenant to repair. However, it will not be implied into a lease on a landlord’s behalf. The lease must contain an express provision for forfeiture. Here, there was no such express provision, so this remedy is not available to the landlord in this case

Question 22

A woman recently purchased a house. The woman was busy with work during the time the transaction took place and she did not look at the plan before the purchase completed. Upon moving into the house, she discovered that her property was landlocked. She checked the contract, which made no mention of access to the land. The only way the woman can gain access to her land is by using a driveway across land owned by the seller.

Does the woman have a right to use the driveway across the seller’s land?

Responses

Answer 22

The woman has a right to use the driveway because she can claim an implied easement of necessity over the seller’s land. An easement of necessity will be implied in the case of a piece of land that is landlocked (that is, it has no access to a road except over land retained by the owner). In such cases, it is necessary to imply a right of way over the owner’s retained land so that the dominant owner can gain access to the dominant tenement. Here, the woman’s land is landlocked, so she can claim an implied right of way over the driveway on the seller’s land.

Question 23

An entrepreneur owns a canalside home. Title to the home is registered in the entrepreneur’s name at Her Majesty’s Land Registry. There are four registered charges on the charges register: the first registered in June 2017, the second registered in July 2019, the third registered in August 2020, and the fourth registered in October 2021. All four charges are residential mortgages using standard mortgage deeds. The entrepreneur has stopped making payments to the lender with the third charge but has kept up his payments on the other three mortgages.

Which of the following best describes the position of the third lender?

Responses

Answer 23

The lender with the third charge may take possession proceedings but will have to discharge the mortgage in favour of the first and second lenders out of the sale proceeds before it can pay off its own mortgage. When a legal mortgage is entered on the register of title, it will have priority over any interest whose priority is not protected when the mortgage is registered. Here, the mortgages have priority in order of their registration on the register of title. Thus, due to the doctrine of priority of mortgages, the third lender must pay off the prior charges of the first and second lenders out of the sale proceeds first

Question 24

A man owns the registered freehold to a plot of land on which he has built a house and grazes sheep. The man sells the registered freehold to a portion of the land to a farmer. The man continues to live on the remaining land. The transfer includes a covenant that neither the farmer nor any of his successors in title will use the land for anything other than livestock grazing. Four years later, the man leases his remaining land to a tenant. Seven months later, the farmer begins building a large house and barn on his land.

Can the tenant enforce the covenant against the farmer?

Answer 24

the tenant will not be able to enforce the covenant against the farmer because the tenant does not hold the same legal estate as the man holds when the covenant was made. The benefit of a covenant will be enforceable by a covenantee’s successors in title as long as: (1) the covenant touches and concerns the land of the covenantee; (2) the covenant was intended to run with the legal estate held by the covenantee; (3) at the time the covenant was made, the covenantee held the legal estate in the land to be benefitted; and (4) the assignee of the original covenantee now holds the legal estate. Here, the tenant does not hold the legal estate of the original covenantee (the man) because the tenant did not succeed the man with respect to fee simple ownership. The tenant holds merely a leasehold interest, which is insufficient to enforce the benefit of the covenant against the farmer.