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)