Property Law First Term Flashcards
What case gives the definition of surface as ‘all land except mines’?
Pountney v Clayton
What does the Limitation Act 1980 give to cases to eventually secure title for possessors?
Limitation period for bringing actions to ensure quality of evidence and certainty of ownership title
Name the three kind of leasehold estates
Fixed-term, periodic and at will
Two types of remainders
Vested in interest and contingent
What is the main precedent for fixtures?
Elitestone v Morris, bungalow
What happens if the creation/transfer of a legal estate fails to be registered?
Disposition in equity (Walsh v Lonsdale) for both 1st registration (s.7(1)) and subsequent grants (s.27(1))
What happens if the creation/transfer of a legal estate fails to be accompanied by a contract?
Possible periodic tenancy or proprietary estoppel
What section did FirstPost Homes Ltd v Johnson change in the LPA and how?
S.40 by noting that a typed name does not constitute a signature
What were E Cooke’s negatives of RoT?
Proof is never complete
What did Trusts of Land and Appointment of Trustees Act 1996 make it impossible to do?
Make a new fee tail
The conclusiveness of S.58 LRA was challenged in what two cases?
Malory Enterprises Ltd v Cheshire Home and Chief Land Registrar & followed by Newey J in Fitzwilliam v Richall Holdings
What does S.29(2)(a)(i) allow B to do in terms of prioritising an interest?
Allows B to register his interest, making it supersede C’s right even if bought for valuable consideration
Exception for conversion regardless of honesty
Marcq v Christies, painting agent
Name the one type of equitable interest not corresponding to any legal estate/interest in relation to registered land
Mere equity
What are the two different schools of though for equity given by Burrows?
Fusion and anti-fusion
Three cases for delivery as a way to create/transfer legal property rights?
Thomas v The Times Book Co Ltd, Re Cole and Day v Harris
Legislation for height of land
Civil Aviation Act 1949, s.40; HRA 1998 (privacy); Protection from Harassment Act 1997 (harassment)
What is the main case for analysing three-party cases in trusts?
Neale v Willis –> Mother-in-law
What does S.32(1) LRA note about notices?
Trusts are invisible for registration purposes, as are leaseholds which is a practicality to save money
R v Tower Hamlets London Borough Council, ex part Von Goetz
Failed formalities (legal = equitable ownership)
HoL’s three stage ‘rights model’ test for the law of torts
Was V’s loss as a result of D reasonably foreseeable, was there a relationship of proximity and is imposing liability fair, just and reasonable
What did s.1(3) LPA 1925 do to life estates?
Made them equitable interested held under trusts
What type of claimant cannot claim under s.149(6) LPA assumption for exclusive possession for a limited period?
Companies as they do not have a ‘life’, so no determination on death
In what cases did Lord B-W suggest a tenant fixture and a fixture may be distinct legally
Melluish v BMI (No.3)
What case noted the legal consequences of different delivery of deeds?
Longman v Viscount Chelsea
What is the common law rule against perpetuities?
Contingent interest becomes void if theoretical possibility it will vest in interest outside the perpetuity period
Berrisford v Mexfield Housing Cooperative Limited
90 years found through s.149(6) LPA 1925 assumption
What type of trusts always require formalities due to statute?
Express
The Statute of Wills 1540 changed the nature of fee simple in what way?
Closer to ownership as it does not end for want of heirs - it can be given away by a will
What does s.149(6) LPA assume about length of exclusive possession for a limited period?
90 years
What are the requirements for express trusts?
By intention of settlor, formalities (if land) and property must pass to trustee
What section of LRA gives that a lack of first registration when required will operate at equity until complied with?
S.7(1)
What was R Stevens’ conception of the law of torts within common law in ‘Torts and Rights’?
D should be liable when he causes V loss unless there is a good reason
What do Rule 2 and 3 of s.16-18 SOGA require the buyer to have before title passes?
Notice
What happens if there is no writing to evidence the express creation of a trust?
Rochfoucauld v Boustead - it hinders very little
The Winkfield supports what fact about solving relativity of title disputes?
Only involves those in court
Williams and Glyn’s Bank v Boland
Wife in residence - equitable interest capable of binding a 3rd party, but this was not necessarily right so the court also considered if the bank had a defence to the pre-existing equitable right
What section of the LPA gives requirements for writing to evidence the transfer of a beneficial interest under a trust?
S.53(1)(c)
Ratio for Day v Harris
Delivery produced gift but could have produced a bailment if Sir Malcolm had the intention
What are the four rules giving in s.16-18 SOGA 1979?
Rule 1: deliverable state, Rule 2: Non-deliverable state, Rule 3: Ascertain price, Rule 4: Approval/retainment of goods
Edwards v Sims
Caves, majority trespass
What is the key priority noted between common law and equity when deciding cases?
‘The rules of equity shall prevail’
What does s.2 of the LPA 1925 say about overreaching?
Recognises a special overreaching defence against a pre-existing equitable property right under trust
What case tries to resolve the conflict between s29(1) and Sch.3 para.2 LRA?
Thompson v Foy
Who notes that the ‘right against a right’ model is not applicable for restrictive covenants as they bind C even if C gained nothing from A?
McFarlane and Stevens, ‘The Nature of Equitable Property’
Thompson v Foy
Obiter - both occupation for disposition and registration is required
Waverley Borough Council v Fletcher
Gold brooch, within/attached to soil
What case required SOGA to deal with bulk orders?
Re London Wine Co (Shippers) Ltd & Re Stapylton Fletcher Ltd, bulk wine orders never appropriated so title did not pass
If the contract is void, what does nemo dat ensure?
Title does not pass, and a third party remains liable for conversion
What is the precedent for no claim of conversion under a voidable contract where the buyer sells to an honest buyer?
Car & Universal Finance Co Ltd v Caldwell
In what case was it decided that sperm amounts to personal property?
Yearworth v North Bristol NHS Trust
What statute gives ownership over some resources to certain companies?
Petroleum Act 1998
What two cases restrict the concept of an equitable interest in land?
National Provincial Bank v Ainsworth and Williams and Glyn’s Bank v Boland
What case gives an exception to the need for delivery?
Wardar’s (Import and Export) Co Ltd v W Norwood and Sons Ltd, kidneys. Delivery note.
Re Cole
Furniture
Which case noted that principles of AP are compliant with human rights law?
Ofulue v Bossert
If the contract is voidable, but an honest person has bought from the buyer, what does relativity of title do?
Nothing - contract cannot be rescinded
What tort protects owners from both the precedent of The Case of Mines and the statute Petroleum Act 1998?
Trespass
What does s.2 LP(MP)A apply to?
Equitable/legal rights under contract, variation of existing contracts and an option to purchase
What section of the LRA outlines the nature and effect of a notice?
S.32
What case shows that valuable consideration does not need to be for market value, just not fictitious in regard to s.29 LRA?
Midland Bank v Green
What did Brennan J say to distinguish the concept of rights under trusts?
‘An equitable interest is not carved out of a legal estate but impressed upon it’ so beneficiaries do not have an ‘equitable estate’
What does the Walsh v Lonsdale doctrine require and according to what statute?
‘Signed writing’, LP(MP)A s.2(1) - (3) with exception of s.2(5), and specific performance
What is the legal consequence of delivery of an unconditional deed according to Longman v Viscount Chelsea?
Irrevocable, immediate
What two cases support the fact that equity operates in personam?
British South Africa Co v Compania de Mocambique & Webb v Webb
Who said of adverse possession that ‘reality is given preference among formal legal ownership’?
Hopkins, ‘The Informal Acquisition of Rights in Land’
What happens if the creation/transfer of a legal interest is not accompanied by a contract?
Proprietary estoppel possible
What does LPA s.1(2) extend the scope of the creation/transfer of a legal interest to?
An easement and a charge by way of a legal mortgage
What is the doctrinal purpose for knowing lease duration at the outset according to McFarlane?
To allow A to know when he can assert his right to exclusive control of the land
What does s.23 SOGA stop happening?
Conversion under a voidable contract where the buyer sells to an honest person
In terms of unregistered land, equitable rights bind who?
All but the bona fide purchaser
Normal remedy for wrongful interference of goods where the goods are rare
Specific performance
What case noted the meaning of ‘postponing to the interest under the disposition’ in regard to s.29 LRA?
Halifax v Curry Popeck (a firm), but obiter and first instance
Which case supports The Winkfield in only considering those in court when deciding relativity of title disputes?
Costello v Derbyshire Constabulary, ‘the possessor is entitled to rely on [possessory title] without reference to the circumstances in which such possession was obtained’
Day v Harris
Manuscripts
Who noted that the general law and registration of title occasionally conflict, allocating property to different parties, and what did they call this?
Bijural ambiguity, O’Connor
Normal remedy for wrongful interference of goods
Damages taking place of property right
What happens if the creation/transfer of a legal interest is not accompanied by writing?
Possibly Walsh v Lonsdale but LP(MP)A s.2 requires signed contract so unlikely. Equity.
What precedent shows that there is no difference between the owner of an equitable and the owner of a legal right?
R v Tower Hamlets London Borough Council, ex part Von Goetz
Precedent for land height?
Bernstein v Skyviews - house photos
Trusts require at least how many people?
Two
What kind of trust does the doctrine of anticipation (Walsh v Lonsdale) make?
Constructive
What does s.27(1) LRA give when a legal interest created/transferred without registration when it is required?
An equitable version which is vulnerable
What case gives that intention can govern for long absences?
Link Lending v Bustard –> On year
What is Schedule 3, LRA?
Interests which override
Ratio for Re Cole
Some kind of delivery is required, not just verbal assurance
How does Pye v Graham define possession?
‘Ordinary sense of the word’
What interests cannot be protected according to s.33(a)-(c) LRA?
A trust of land, a settlement under the SLA 1925, a leasehold for three years or less and a restrictive covenant relating to demised premises
How does Lionel Smith distinguish between a legal and an equitable right?
An equitable right puts A under a duty to B
Which authority supports the fact that a third party remains liable for conversion under nemo dat if the contract was void?
Shogun Finance Ltd v Hudson
What did section of the LRA did Malory Enterprises Ltd v Cheshire Home and Chief Land Registrar & followed by Newey J in Fitzwilliam v Richall Holdings challenge?
S.58
What are the requirements for writing to complete the express creation of a trust in s.53(1)(b) LPA?
Proof of declaration in writing, but does not have to be from the time of the creation of the trust
What are the two requirements for the transfer of a beneficial interest under a trust?
Writing (LPA s.53(1)(c)) and registration (not required but possible)
The LRA markedly reduces the scope and range of what?
Overriding interests
What is the emphasis on in the Rochefoucauld v Boustead rule?
The fraud of the transferee by not requiring signed writing
What authority comes from Colour Quest Ltd v Total Downstream UK and Shell UK Ltd & ors v Total UK Ltd & ors?
Beneficiaries of a trust can claim damages
What type of title will be most affected by e-conveyancing?
Equitable title
Who highlighted the artificiality of Denning’s judgment in regard to deliver in Vincent v Premo Enterprises (Voucher Sales) Ltd?
Yale
What Schedule of the LRA 2002 allows adverse possessors of 10 years or more to apply to be registered as owners?
Schedule 6
Who supported Lord B-W over deducing intention to possess in Pye v Graham?
Lord Hutton
Name three cases which limit the content of equitable interests
National Provincial Bank v Ainsworth, Rhone v Stephens and Tulk v Moxhay
What section of the LRA provides for situations in which first registration is required?
S.4
What does Lindsay J note about adverse possession in Roberts v Swangrove Estates Ltd?
A small part of the land may be acquired rather than all depending on which part they had physical control over
Ratio for Thomas v The Times Book Co Ltd
Delivery through finding sufficient
What did Denning argue in Vincent v Premo Enterprises (Voucher Sales) Ltd in regard to delivery of a deed?
Delivery does not need to be a physical act but an intention to be bound
What does S.2 LP(MP)A gives requirements for a valid contract specifically for?
Sale/disposition of an interest in land
What precedents shows that beneficiaries of a trust can claim damages?
Colour Quest Ltd v Total Downstream UK and Shell UK Ltd & ors v Total UK Ltd & ors
In relation to mines, what is the definition of the ‘physical extent of mines’ according to AG v Morgan?
Any working under adjoining land is both a trespass and a theft of minerals
What two statutes merged the Common law and equity?
Supreme Court of Judicature Act 1873 & Senior Courts Act 1981, s.49(1)
What does Spiro v Glencrown Properties Limited note about the exercise of an option to purchase?
It is a unilateral act not governed by s.2 LP(MP)A
What does the Civil Aviation Act 1949, s.40 say about height of planes?
Planes - ‘reasonable height’, no action but may be a wrong. Reasonable is defined therein
What section provides for when a priority is not protected as the time of registration?
LRA s.29(2)(a)-(b)
What precedent gave monarch ownership of precious metals?
The Case of Mines 1568
Who noted that if Parliament wanted to remove B’s interest entirely from the land, they would have written abolish in s.29 LRA rather than definition decided on in Halifax v Curry Popeck (a firm)?
Dixon
Perry v Clissold
Government acquiring land compulsorily. C was owner by taking possession of the vacant land so needed compensation
Webb v Webb
French flat (jurisdiction over people)
What case supports the rule in Rochefoucauld v Boustead?
Bannister v Bannister –> Cottages brother-in-law
In relation to mines, what is the definition of the ‘support for the surface’ according to Popplewell v Hodgkinson?
Natural right of support does not extend to water
What was the ratio of Longman v Viscount Chelsea in regard to delivery of a deed?
Legal consequences of different delivery (unconditional deed, escrow and non-deed)
What does Rochefoucauld v Boustead make it necessary to establish in two party cases?
Land was transferred on trust and transferee reneged on agreement.
What does Schedule 3, paragraph 2 LRA cover?
Interests of persons in actual occupation - protects interest belonging to B at the time of disposition
What section of the LRA notes that equitable interests not relating to legal estates/interests are capable of binding a third party?
S.116
Where are the conditions for overreaching written?
S.2 LPA
What does Schedule 3, paragraph 1 LRA cover?
Protects leaseholds less than 7 years (s.29(b)(1))
What section of the LPA gives that writing is required for the creation/transfer of an equitable interest (not a trust)
S.53(1)(a)
Why did they decide as such in Yearworth v North Bristol NHS?
Changed the nature of it, the relevant Act regarding its disposal and retainment clearly highlighted that the wishes of the men remained paramount and it was kept with a view to use it
Main two cases on bailment
Marcq v Christies and Gilchrist Watt & Sanderson Pty Ltd v York Products Pty Ltd –> Valuable clocks
What do Chhokar v Chhokar and LinkLending v Bustard regard as important in regard to occupation?
Intention to treat/occupy as a home is vital
What is the channelling function of formalities?
To make transfer easier and clearer
What precedent supports the application of s.2 LP(MP)A to variation of existing contracts?
McCausland v Duncan Lawrie Ltd
What section of the LPA gives equitable rights?
LPA s.1(3) - (4)
What are the requirements of s.53(1)(a) LPA in regard to creation/transfer of a legal interest?
A piece of paper noting the transfer and owner’s signature (note FirstPost Homes Ltd v Johnson –> Ordnance)
What is the definition of surface according to Pountney v Clayton?
All land except mines
What is the legal consequence of delivery of an escrow deed according to Longman v Viscount Chelsea?
Irrevocable, conditional
What is needed for the entrance of a notice in the register?
Something to ‘satisfy the registrar as to the validity of the applicant’s claim’, even if disputed
Stockhold Finance v Garden Holdings
Saudi princess
The Winkfield ratio
Bailee can claim damages if they have possession, even without ownership/liability to the owners,
In which situation is there a problem thrown up which creates a difference between legal and equitable ownership despite R v Tower Hamlets London Borough Council, ex part Von Goetz?
Priority disputes
What does s.27(2) note are the legal interests which need registration to complete creation/transfer?
Express grant of easements or a legal charge in order to complete
What does the LPA 1925 limit in regard to protecting 3rd party rights?
Limits the list of legal estates and interests in land
What is a landlord’s interest in a lease called?
Reversion
What are the four possible grades of title given by the HM Land Registry?
Absolute, good leasehold, possessory and qualified
The Administration of Estates Act 1925 abolished what?
Escheat for want of heirs
What, in terms of actual occupation, may be out of date due to inquiry/notice rules in para.2?
Hypo Mortgage Services v Robinson - a minor cannot occupy
In relation to mines, what is the definition of the ‘nature of right granted’ according to Elwes v Brigg Gas Company?
‘Minerals’ means every substance from natural soil for profit
What are freehold estates measured in?
Lives
What section of the LPA notes the need for ‘signed writing’ in the creation/transfer of a legal interest?
S.53(1)(a)
What two types of trusts are implied?
Constructive and resulting
In relation to mines, what is the definition of the ‘physical extent of mines’ according to Earl of Lonsdale v AG?
Lease limited by existence of particular mineral and ability to exploit it
Torts (Interference with Goods) Act 1977 abolished what and gave courts what?
Abolished detinue and gave statutory discretion to demand delivery of goods
Where is the definition of restrictions given?
LRA s.40
What are leasehold estates measured in?
Defined periods
Flack v National Crime Authority
Cash, regardless of knowledge
What did the minority, Logan J, argue for in Edwards v Sims?
Labour theory of property
Is Lord Lloyd’s two-stage test of annexation likely to be objective or subjective?
Objective - Lloyd never notes owner’s intentions and Lord Clyde noted it is ‘not the true purpose of the person who put it there’ that is to be considered
What were E Cooke’s positives of RoT?
Various limitations to protect possessors eventually, and one can defeat a squatter’s claim by giving a licence (BP Properties Ltd v Buckler)
What was Lord Lloyd’s two-stage test of annexation in Elitestone v Morris?
Degree and purpose/object of annexation
What are the two possible ways of a legal estates creation/transfer taking effect without a contract?
Periodic tenancy/proprietary estoppel
How did Lord B-W in Pye v Graham deduce intention to possess?
C’s physical acts
In what case did Lord Wilbeforce set out criteria to determine if B has an equitable property right?
Ainsworth
What was the meaning of ‘postponing to the interest under the disposition’ in regard to s.29 LRA given in Halifax v Curry Popeck (a firm)?
B’s interest is removed entirely
What did LPA 1925 say to distinguish the concept of rights under trusts?
Protects 3rd party rights by limiting the list of legal estates and interests in land (requiring particular arrangements behind a trust) and s.2 recognises a special overreaching defence against a pre-existing equitable property right under trust
Bailment breach and tort of trespass authority
The Winkfield
What does the Civil Aviation Act 1949, s.40 say about height of drones?
Not above 122m, not within 50 m of people or 150m of large events without permission
What doctrine of assessing third-party rights does the LRA reject?
doctrine of notice
Who noted that ‘cuis est solum’ is mainly a ‘colourful phrase’?
Howell, ‘Subterranean Land Law: Rights below the surface of land’
Outline Shell UK Ltd & ors v Total UK Ltd & ors
Beneficiaries can claim damages. Beneficiary equalled owner. Preserved formal difference by requiring trustees to join the claim.
How does Slade J define factual possession in Powell v McFarlane?
Appropriate degree of physical control and alleged possessor dealing with the land like an owner
What does s.58 LRA note?
Registered proprietor ‘shall be deemed’ to have the legal estat
What was the policy reason given for the decision in Moore v The University of CA?
Could mean researchers are liable for conversion when they are carrying out valuable research
What is the Mocambique rule?
Actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land are non-justiciable in common law jurisdictions
What is the statutory support for no claim of conversion under a voidable contract where the buyer sells to an honest buyer?
S. 23 SOGA
Who gave two different school of thought for equity?
Burrows in ‘We Do This At Common Law But That In Equity’
Name the three kinds of freehold estates
Fee simple, fee tail and life
Rhone v Stephens
Overhanging roof
In relation to mines, what is the definition of the ‘support for the surface’ according to Pountney v Clayton?
Railway company purchased land without minerals so miners could work regardless of letting down the surface as long as it was don in the normal way of the district
What two cases highlight the requirements for delivery of a deed?
Vincent v Premo Enterprises (Voucher Sales) Ltd and Longman v Viscount Chelsea
What is the basic rule for priority in registered land?
LRA s.28 - priorities of an interest are not affected by disposition of an estate/charge (existing rights beat acquisitioned rights)
Who gave positives and negatives of relativity of title?
E Cooke, ‘Land Law’
Precedent for lease needing a maximum duration
Prudential Assurance Ltd v London Residuary Body - Road strip
Who doubted that SP is a requirement of the doctrine of anticipation?
Gardner
Which case noted that motive for enclosure is less important than the enclosure itself?
Hounslow v Mckinton - fence for dogs
What section of the LRA depicts e-conveyancing?
S.93(2)
What case gives the definition of surface as ‘Such height as was necessary for the ordinary use and enjoyment of the land’?
Bernstein v Skyviews
Amory v Delamirie
Chimney sweeper, relativity of title
What section of the LRA gives that entries after restrictions must conform to them?
S.41
What precedent limits the requirement of a signature?
FirstPost Homes Ltd v Johnson –> Ordnance survey
What are the two requirements for creation/transfer of a legal estate?
A deed (LPA s.52(1), exceptions in s.52(2)(d) and s.54(2)) and registration (LRA s.6 1st registration in situations in LRA s.4, s.7 for void without, s.27(2) for subsequent grants and s.27(1) not operating at law without requirements)
What two types of rights do beneficiaries of a trust have?
Right in rem (claim assets and damages) and personam (enforce duties and a right to take account)
National Provincial Bank v Ainsworth
Deserted wife’s equity - personal equitable right, not an equitable interest in land
Moore v The Regents of the University of CA
Use of an organ to carry out research - claimed profits, didn’t know it would be used for research
Who do fee tails end with?
Until there are no more heirs, regardless, and will always pass to an heir regardless of what the grantee did with the estate during their lifetime
What are the four possibilities for allowing a right to be overreached?
Done by two trustees with valid powers, made under provisions of the Settled Land Act 1925, made by a mortgage/personal representative with paramount powers or made under court order
Miller v Race
Bank note
What section of the LRA notes the need for registration in the creation/transfer of a legal interest?
S.27(2)
What two cases define ‘interests affecting the state immediately before disposition’ in regard to s.29 LRA?
Re North East Property Buyers’ Litigation and Abbey National Building Society v Cann
What statute requires a deed to say it is a deed and be validly executed in accordance with s.1(3)?
LP(MP)A 1989, s.1(2)
What section of the LRA provides for first registration in creation/transfer of a legal estate?
S.6
Doodeward
Preservation of a two headed baby for exhibition purposes allowed it to become the subject of a property right
What is an alternative analysis for two-party cases apart from Rochefoucauld v Boustead?
Unjust enrichment
What is the legal consequence of delivery of a non-deed according to Longman v Viscount Chelsea?
Revocable, no effect until agent deals with it in a certain way
What is the main precedent for tenant fixtures?
New Zealand Government Property Corp v HM & S Ltd, Lord Lloyd’s threefold distinction of chattel, fixtures and tenant fixtures
What section of the LPA gives two estates allowed at law?
s. 1(1)
What are the two key ingredients of equity?
Legal pluralism and imperfect law
Who notes a doctrinal purpose for duration of a lease must be known at the outset?
McFarlane in ‘The Structure of Property Law’
Which section of the SOGA deals with bulk orders?
S. 20A
Name two kinds of estates
Leashold and freehold
Legal leaseholds for more than how many years must be registered under the LRA?
7
Mabo v Queensland
Natives
Why are the requirements for writing under LPA s.53(1)(c) more stringent for the transfer of a beneficial interest than the creation?
To show the movement of the beneficiary of the trust
What Act is used for most adverse possession cases?
The Limitation Act 1980
In relation to mines, what is the definition of the ‘nature of right granted’ according to Earl of Lonsdale v AG?
Lease for ‘mines and minerals’ does not include natural gas
What cases support the fact that trespass tort protects owners from others entering upon their land to gain resources?
Star Energy Weald Basin Ltd v Bocardo SA, Lord Hope - right goes ‘almost’ all the way down, until no one can exploit the resources at that level AND Edwards v Sims, saves
What happens if the creation/transfer of a legal interest is not registered?
S.27(1) gives an equitable version which is vulnerable
What happens if the creation/transfer of a legal estate fails to have a deed?
Equity/fee simple on trust/term of years in equitable lease (Von Goetz). Walsh v Lonsdale doctrine requires ‘signed writing’ (LP(MP)A, s.2(1) and s.2(3)) with exception of s.2(5) and contract must be specifically enforceable/require specific performance.
What is the precedent for apparent agency not satisfying as an exception for nemo dat?
Farquharson Brothers & Co v King & Co, lumber
What does Logan J noted about ‘cuis est solum’ in Edwards v Sims?
It only extend to the use that the owner can make of it for his profit or pleasure. He owns nothing which he cannot subject to his dominion.
Who noted why money is not susceptible to nemo dat?
Not earmarked, lack of evidential proof. D Fox, ‘Bona Fide Purchase and the Currency of Money’
What does Bright note that the rule for knowing lease duration helps to do in ‘Landlord and Tenant Law in Context’?
Distinguish leases (determinable interests) and freeholds (uncertain interests)
What types of rights can never be overreached?
Equitable easements/leases
What are the conditions for overreaching according to s.2 LPA?
Two or more owners of legal title and land is conveyed away by legal owners for valuable consideration
What case shows the vulnerability of individuals in the Registration Gap?
Brown & Root Technology Ltd v Sun Alliance and London Assurance Co Ltd –> Personal break clause
What case, due to its dismissal, shows that intention is vital?
Stockholm Finance v Garden Holdings –> Saudi princess
What is the precedent that limits non-compliance with a contract under s.2 LP(MP)A?
Tootal Clothing Ltd v Guina Property Management Ltd –> Arguments over validity cannot be raised once contract is executed
What section of the LRA gives definition of ‘registrable disposition’ in regard to s.29?
S.27
What are the two requirements for the creation/transfer of an equitable interest (not a trust)?
Writing (LPA s.53(1)(a)) and registration (not required but possible)
JA Pye (Oxford) v Graham
Grazing licence. Lord Brown-Wilkinson - two elements
Thomas v The Times Book Co Ltd
Under Milk Wood
Why can a bailee claim damages without ownership?
Bailor not entitled to sue (no factual possession) but bailee may be liable to them, and D cannot raise bailee’s dealings with others as a defence because they are in the wrong
How was Fletcher distinguished from Parker v BA?
Brooch found ‘hidden’ as part of the soil
What is the definition of surface according to Bernstein v Skyviews?
‘Such height as was necessary for the ordinary use and enjoyment of the land’
What are the four conditions for specific performance?
Valid contract (S.2 LP(MP)A), consideration provided, no defence and party seeking it must not have acted inequitably
What is the exception to the basic priority rule for registered land, LRA s.28?
LRA s.29, disposition of a charge/estate for valuable consideration makes C’s right take priority over B’s
Young v Hichens
Pilchards Possession
What section of LRA gives that a lack of registration of subsequent grants when required will operate at equity until complied with?
S.27(1)
‘the possessor is entitled to rely on [possessory title] without reference to the circumstances in which such possession was obtained’ is from which judgment?
Costello v Derbyshire Constabulary
What section of the LPA gives legal rights?
LPA s.1(1) - (2)
What else did the court consider in Williams and Glyn’s Bank v Boland?
The court also considered if the bank had a defence to the pre-existing equitable right
What are the two requirements for the express creation of a trust?
Writing (LPA s.53(1)(b)) and registration (not required but possible)
What section of the LRA gives that subsequent grants do not operate at law without meeting requirements?
S.27(1)
What does the ration in Rochefoucauld v Boustead seem to validate?
The rule set out n s.53(1)(b) LPA
What is the perpetuity period?
Lifetime of a ‘life in being’, plus 21 years, plus a gestation period
Which school of thought for equity does Burrows support and why
Fusion for removing inconsistencies
What schedule of the Land Registration Rules gives ‘standard-form’ restrictions?
Schedule 4
What is the precedent which limits the content of equitable interests from Rhone v Stephens?
Imposing a positive burden did not count as a restrictive covenant so can’t affect a third party (breaches privity)
What does Mabo v Queensland show?
Absolute beneficial ownership is impossible unless the ground is terra nullis
What is the Walsh and Lonsdale doctrine?
For B to claim an equitable interest, B must show A is under a duty to B
What section of the LRA makes creation/transfer of an unregistered legal estate required by s.4 to be registered void without registration?
S.7
What is the definition of surface according to Cox v Glue?
Subject of separate and distinct rights (different strata of soil can have different rights attached to it)
What section of the LRA defines interests that cannot be protected?
S.33(a)-(c)
What are the incentives for voluntary registration?
Reduced registration fees, significant protection for persons buying a registered title and from claims of adverse possession
What did McFarlane and Stevens note about the judgment in Shell UK Ltd & ors v Total UK Ltd & ors?
McFarlane and Stevens noted this is orthodox; that legal and equitable only differ in defences
What does s.29(2)(a) allow in terms of priorities not protected at time of registration?
Priority is protected if it is a registered charge, subject of a notice or covered in schedule 3
What section of LP(MP)A gives requirements for valid execution of a deed?
S.1(3)
What does the Limitation Act 1980 no longer apply to?
Registered land
What does Schedule 3, paragraph 2 conflict with in the LRA?
S.29(1) which noted protection from registration, yet para.2 noted protection from disposition through occupation
What section of the LRA allows B to register his interest as a priority over any future dispositions of estate/charges for valuable consideration?
S.29(2)(a)(i)
State of Ohio v Shaw
Unattended nets Possession. Davis J.
What are the two requirements for the creation/transfer of a legal interest?
‘Signed writing’ (LPA s.53(1)(a)) and registration (LRA s.27(2))
In relation to mines, what is the definition of the ‘support for the surface’ according to Holbell Hall Hotel v Scarborough Borough Council?
Right of support give landowner duty to take positive steps to continue support for neighbour’s land
What section of the LRA provides for subsequent grants of legal estates?
S.27(2)
What does money as an exception to nemo dat ensure?
Free-flowing economy
Lord Wilberforce in Anns v Merton London Borough Council, two-stage test for the law of torts
D foresaw (objectively) that his negligence would cause V loss and any considerations with negative their duty of care
Who do life estates end with?
The grantee, regardless
Who gave a conception of the law of torts within common law?
R Stevens, ‘Torts and Rights’
What are the three roles of formalities?
Channelling, evidential and cautionary
What estates does LPA s.1(1) allow to be created/subsist at law?
Fee simple absolute in possession and term of years absolute
Precedent for a unilaterally granted licence defeating adverse possession?
BP Properties Ltd v Buckler
In general, what are the principles for priorities?
Nature: legal > equitable. Order: Older > newer. Registration: Registered > Unregistered.
In regard to s.29 LRA, what section gives requirements for completion by registration for priorities?
S.27
Who noted the existence of a psychospacial nexus which supports the role of formalities as an evidential function?
Kevin Gray
What does Hackney note about trustees in terms of remedies?
They can access common law courts and remedies as vehicles for the superior right of the beneficiary
What case supported Abbey National Building Society v Cann (test case)?
Re North East Property Buyers’ Litigation
In what case was it decided that only PEOPLE (i.e. not martians) have property rights?
Joly v Pelletier
How is it possible to have a right over stratified land (flat)?
Commonhold
What does s.32 LRA give?
Nature and effect of a notice - entry of a notice does not guarantee the validity of the property right claimed
Who noted that a tenant fixture and a fixture may be distinct legally, allowing a contractual agreement to enforce tenant fixtures?
Lord B-W in Melluish v BMI (No.3)
What does s.2 LP(MP)A not apply to specifically?
Contracts relating to land without involving a sale/disposition
What section of the LRA takes away the limitation period applying to land by LA 1980?
s. 96
Tulk v Moxhay
A successor cannot exercise a right he never acquired
Two torts for goods with possession
Trespass and conversion
What section of the LP(MP)A gives requirements for a valid contract for sale/disposition of an interest in land?
S.2
What is the doctrine of Walsh v Lonsdale?
Doctrine of anticipation from the creation of a specifically enforceable contract, creating a trust on the part of the vendor, holding for the purchaser under a constructive trust until a contract is executed, leading to a bare trust
Which case supports the HoL ‘rights model’ test for law of torts?
The Mediana –> Lightship
What rules does s.16-18 of the SOGA 1979 give?
Rules for determining passage of title
Chhokar v Chhokar
Labour - beneficial interest to wife
Who said that a fee simple estate ‘harnesses human selfishness to the cause of altruism towards the unborn’?
R C Ellickson, ‘Property in Land’
Why was the phrase ‘actual occupation’ the same as the predecessor?
To allow use of the same case law (Thompson v Foy; Link Lending v Bustard)
Normal remedy for breach of contract
Damages
Parker v British Airways Board
Bracelet, inviting public
What are the five exceptions to nemo dat?
Competing principles, fiercely protect property rights, honest buyer (in special cases), when money is currency (Miller v Race), and through apparent agency
What is a bona fide purchaser?
Acted in ‘good faith’, as a purchaser, buying the right for value and without notice of B’s right
British South Africa Co v Compania de Mocambique
Determine title (actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land are non-justiciable in common law jurisdictions)
Is registration required for the creation/transfer of an equitable interest (not a trust)?
No
When does Hopkins argue that a three-party trust in favour of B may be justified?
In limited circumstances - in Neale v Willis when the mother-in-law could not hold the land in her favour, or when A may not have a chance to further benefit B because A has died so a concession may be justified to give effect to A’s intentions
What does Schedule 6 , para. 1-4 LRA 2002 cover?
10 years in AP to access procedure to acquire title by registration or allow proprietor to assert registered title
What section of the LRA gives a definition for ‘valuable consideration’ in regard to s.29?
S.132(1)
Two torts for land with possession
Trespass and nuisance
What is the ration in Bannister v Bannister?
Conveyance need not be obtained by fraud, transfer need not use technical trust language and no weight is given to conveyance at below market value
Tests for ‘good reason’ in R Stevens’ conception of the law of torts?
Lord Wilberforce in Anns v Merton London Borough Council, two-stage, and HoL’s three stage ‘rights model’ test
In terms of unregistered land, legal rights bind who?
All the world
What are the three fundamental principles of registered land?
Mirror, curtain and insurance
What does Schedule 3, paragraph 3 LRA cover?
Legal easements arising informally, but exceptions if B’s interest was not known to C and wouldn’t have been discovered upon a reasonably careful inspections
What does the case of Doodeward show?
If the corpse/human remains have been dealt with in such a way as to change their character (i.e. preserved in a jar for exhibit), they can have property rights attached to them
What was the judgment in Moore v The Regents of the University of CA?
No cause of action further than lack of informed consent - no conversion of the body part
Abbey National Building Society v Cann
A never has an unencumbered fee simple
What is the definition of ‘actual occupation’ according to Lord Wilberforce in William and Glyn’s Bank v Boland?
Ordinary meaning of the words
What is the issue of analysing two-party cases through unjust enrichment?
Too much focus on financial position and thus objection of the doctrine is lost (fraud)
If the contract is voidable, what does relativity of title ensure?
Contract can be rescinded
What sections note action is the priority is not protected at the time of registration?
S.29(1) (purchaser takes priority) or s.29(2)(a) (protected if registered charge, subject of a notice or covered in schedule 3 –> interests which override)
What are the exceptions to Schedule 3, paragraph 3 LRA?
If B’s interest was not known to C and wouldn’t have been discovered upon a reasonably careful inspections
Link Lending v Bustard
Mental hospital
What precedent supports the fact that s.2 LP(MP)A does not apply to contracts relating to land without a sale/disposition?
Pitt v PHH Asset Management Ltd –> Lock-out agreement, no obligation has arisen
What does s.4(1) LPA do to limit the content of equitable interests?
Imposes a freeze on the development of new equitable interests
What are the two essential conditions for overreaching?
S.2 LPA (capable of being overreached) and s.2(1) LPA (statutory conditions fulfilled, giving four possibilities)
What doctrine gives an equitable right in the Registration Gap?
Doctrine of anticipation (Walsh v Lonsdale)
When is it difficult to work out which interests affect the state immediately before the disposition, in regard to s.29?
When the paperwork is done at the same time
