Property/Land: EXTRA Flashcards
extra things from paper flashcards
Mortgages: Lenders 5 remedies
- Possession
- Power of sale
- Debt action
- Appointing a receiver
- Foreclosure
Mortgages: what lenders powers can be exercised as soon as the mortgage is completed
Possession
Mortgages: what lenders powers cant be exercised until the legal date of redemption has passed
Foreclosure
Debt action
Mortgages: what lenders powers cant be exercised until the power exists, has arisen, is exercisable
Power of sale
Appointing a receiver
Mortgages: which lenders powers WONT end a mortgage
- Taking possession
- Debt action
- Appointing a receiver
Mortgages: what entry will be on the Proprietorship Register in relation to a mortgage?
a restriction providing that no disposition of the land in in the registered title can take place without the lender’s consent
Mortgages: what entry will be on the Charges Register in relation to a mortgage?
the mortgage itself (x2 entries)
Deadline for registering mortgage if buyer is a co vs individual
CH for Co: 21d completion
LR for individual:within priority period
How are legal leases, legal easements and legal mortgages protected in registered land?
Registrable disposition under s27 LRA 02-must be registered as restriction at land registry before new owner registered
When does a statutory home right end?
Death or divorce (not separation)
Can the landlord forfeit after using CRAR and why?
No because forfeiture acknowledges the existence of a lease and may therefore waive the landlord’s right to forfeit
Freehold covs: liability of original parties?
Privity of contract:
Original covenantee: can enforce against anyone with burden unless parted with land
Original covenantor: liable forever unless covenant personal
Classes of title
▪ Absolute freehold (or leasehold)
▪ Possessory freehold (or leasehold)
▪ Good leasehold
▪ Qualified freehold (or leasehold)
