Property Flashcards
Property: When building regulations can take enforcement action
12 months; but can get injunction to require compliance anytime
Property: How long does planning permission have to bring enforcement action?
4 years
Property: Elements of right by prescription
Easement used without permission for more than 20 years
Property: Can second mortgage lender start foreclosure proceedings?
Yes even if first lender is still being paid. But needs to pay out the first lender.
Property: Corporeal vs incorporeal hereditaments
corporeal = tangible
incorporeal = intangible (rights, easements)
Property: Choses in action vs choses in possession
choses in action = debts, patents
choses in possession = physical, moveable things
Property: Who owns land, airspace, things in the ground, wild animals, and running water?
The Crown owns land and wild animals. Airspace means ordinary usage of airspace. Things in the ground and running water is based on statute.
Property: Test for fixture versus fitting
Whether it is super attached to the ground and if intent was to permanently raise property value (like a statute in the garden)
Property: List of legal estates and list of legal interests
Legal Estates: freehold & leasehold
Legal interests: MERRP (mortgage, easements, rentcharges, right of entry, profit a prendre)
Property: Profit a prendre in gross vs appurtenent
in gross = not tied to an adjacent land; can be registered by itself and bought and sold
appurtenant = tied to adjacent land
Property: Root of title
Covers the entire estate and at least 15 years old
Property: Equitable interests
- mortgages that aren’t contractually complete but nevertheless should be given effect
- restrictive covenants
- positive covenants
- estate contracts (when you sign the contract for sale but haven’t completed yet)
Property: You are buying property but have no notice of a mortgage… are you bound? What about for an equitable mortgage or puisne mortgage?
For legal mortgage (and other legal interests), you are bound even without notice.
For equitable mortgage (and other equitable interests), you are not bound unless you have notice
Property: C(i) land charge
Puisne mortgage
Property: C(iv) land charge
estate contract
Property: D(ii) land charge
restrictive covenant
Property: D(iii) land charge
equitable easement
Property: Class F land charge
Used to protect non-owning spouse’s statutory right of occupation of the marital home
Property: You are gifted a piece of land but you didn’t have notice of a restriction on the land, are you bound?
Yes, because to take a piece of land free of an equitable interest you need to be a bonafide buyer for value (not gift) of the legal estate without notice.
Property: You are buying unregistered land and will need to register ownership, but who can “override” this first registration and keep the property (they are capable of binding a buyer even though they do not appear on the register of title)?
- lease of 7 years or less
- easements from implied grant or reservation or by prescription
- an interest belonging to a person actually occupying the land (for example if that person is a beneficial owner)
Property: Time period for adverse possession of registered and unregistered land
10 years (registered) vs 12 years (unregistered)
Property: Events that trigger registration of unregistered land
- sale or gift of freehold title
- an assent for a PR
- lease for over 7 years
- sale of a sub-lease or assignment of lease with over 7 years left
- grant of a first legal mortgage
Property: When must land be registered?
Within 2 months of the triggering event
Property: What happens if land is not registered when it should be?
The transfer becomes automatically void and the legal estate does not pass to the buyer (remains with seller)
Property: I have a Register of Title, where can I find the following:
1. name of owner
2. freehold/leasehold
3. restrictive covenant
4. benefit of any right of way
5. whether title is absolute or qualified
- Proprietorship
- Property
- Charges
- Property
- Proprietorship
Property: Let’s say the beneficial title is held as joint tenancy, can one joint tenant decide to terminate the joint tenancy and treat it as tenancy in common?
Pretty much. Joint tenancy transforms into tenancy in common upon written notice, by selling the partial interest, mutual agreement, bankruptcy, etc.
Property: You’re buying a property held by Y, but their friend Z provided all the money for the property and filed a Form A restriction on the property. How to buy property free of B’s interest?
You “overreach” Z’s interest by having someone appoint a second trustee and then paying the purchase price to both Y and the second trustee.
Property: I have a 25 year lease, can the landlord increase the rent in year 5?
No, unless it’s written in the lease that landlord can increase price
Property: Can I sign a lease that starts 21 years in the future?
No, 21 years is the limit.
Property: Lease starts when pigs fly? Is that valid start date?
No, if you can’t tell when lease starts or ends, then it’s void for uncertainty
Property: I call Barbie and we agree over the phone that I can move into the Barbie dreamhouse for 3 years at market rent. Is this valid? What if I want to assign my lease later?
Yes, if I actually move in. Only valid for leases of 3 years or less and at market rate.
Lease can be assigned, but then that needs to be by deed.
Property: I haven’t been paying rent, can landlord enter the premises and change the locks?
No, unless this right is written in the lease (forfeiture right).
BUT if it’s for an entirely commercial lease, landlord can go in, with 7 days notice, and take tenant’s goods and sell them.
Property: I haven’t been fixing the toilet that I promised I would. and it’s leaking everywhere, can landlord go in and fix the toilet?
Yes, if landlord provides notice and I will be liable for the landlord’s costs to fix the toilet.
Property: When does the bank have the right to sell the mortgagee’s house?
When the mortgage is by deed and borrower fails to redeem the mortgage (pay off capital in the first few months) and either:
1. interest payments are more than 2 months overdue
2. the bank requests payment of capital and 3 months have passed without payment; or
3. there is a breach of some other term of the mortgage.
Once that’s done, the right occurs automatically
Property: When is CGT due on a sale of property?
30 days of completion
Property: Energy Performance Certificate is valid for:
10 years
Property: All properties need a valid Energy Performance Certificate except:
Listed Buildings