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Law First Year > Property Law Second Term > Flashcards

Property Law Second Term Flashcards

1
Q

What sections of the LT(C)A allow a tenant and landlord to be released from covenants?

A

S.5 (tenant) and s.6 and s.8 (landlord)

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1
Q

What section of LRA shows a legal charge for value is taken free of any interest not overriding or registered?

A

S.30 LRA

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1
Q

Wall v Collins

A

E is at least as long as the original lease if A obtains fee simple from leasehold

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2
Q

When is forfeiture available after leasehold covenant breach?

A

Supposedly available for all

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2
Q

Consumer Credit Act 1974 regulates what?

A

Some mortgages

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2
Q

In what case did the court make it clear they would not overturn a century of orthodoxy and all the burden of positive covenants to run?

A

Rhone v Stephens

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3
Q

What case confirmed the validity of periodic tenancies as a certain term?

A

Prudential

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3
Q

What case made it clear that C’s rights are only to discharge D’s obligations in mortgages?

A

Bristol Airport v Powdrill

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3
Q

What are the acquisition requirements for a charge by way of legal mortgage?

A

S.27(2)(f) LRA and s.52 LPA with s.1 LP(MP)A

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3
Q

Samuel v Jarrah Timber

A

Provision in mortgage contract for purchase is void

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3
Q

TSB v Camfield

A

If no proper advice given, despite solicitor’s certificate, mortgagee would be liable

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3
Q

How can you abolish a covenant?

A

Through s.84 LPA

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4
Q

Burgess v Rawnsley

A

Misunderstanding; mutual agreement

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4
Q

Coatsworth v Johnson

A

Need specific performance for equitable lease

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4
Q

Budd-Scott v Daniel

A

LC for quiet enjoyment always arises

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4
Q

What is an action for damages available for in leasehold covenants?

A

Everything except rent

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4
Q

Horsham Properties v Clark

A

Rejected possibility of unjustified interference with property rights through s.87(1) under Art. 1 Protocol 1

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4
Q

In what case did Lord B-W highlight that C obtains rights ‘in order to enforce the discharge of D’s obligations’?

A

Bristol Airport v Powdrill

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5
Q

why have certain attempts to use s.79 LPA failed for burden of negative FCs?

A

Burden does not run if the covenant is personal

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6
Q

Why is foreclosure essentially obsolete?

A

Court order needed, and court will usually order sale under s.91 LPA

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6
Q

What are mortgage terms subject to?

A

UTCCR: ‘plain and intelligible’, and if not then contra proferentum through Reg.7

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6
Q

Why would the outcome of London County Council v Allen be different now?

A

Local authorities can enforce covenants without dominant land, granted by statute

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7
Q

What judge in Stack preferred resulting trust?

A

Lord Neuberger

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7
Q

What is the argument about s.79(1) LPA and positive FC burden?

A

Doesn’t exclude burden of positive covenants being annexed

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8
Q

What section of TLATA notes co-owners can’t exclude each other?

A

S.13

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8
Q

Bruton v London and Quadrant

A

Nemo dat; ‘contract of tenancy’

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8
Q

Errington v Errington & Woods

A

Mortgage payments (to uncle, who then died, beginning performance etc)

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8
Q

What is forfeiture controlled by?

A

Commonhold and Leasehold Reform Act 2002

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8
Q

What case shows a creditor has a basic right to possession?

A

Four Maid Ltd v Dudley Marshall

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8
Q

Who highlighted that Federated Homes’ interpretation of s.78 LPA is not at odds with s.79?

A

Snape

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9
Q

Why was the intention in Harris v Goddard not immediate?

A

Applying for divorce so asking for court order etc.

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9
Q

What are the two requirements to prove CT for sole legal ownership?

A

Agreement/arrangement/understanding AND detrimental reliance by B

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9
Q

Yaxley v Gotts

A

Lease through PE

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10
Q

Antoniades v Villiers

A

Multiple documents are one if for the ‘wrong reason’: unity of title

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11
Q

London County Council v Allen on requirement 3 of burden negative FCs

A

Need land adjacent to ST such that enforcing will benefit DT

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12
Q

S.79(1) LPA

A

Burden of negative covenants deemed to run without contrary intention

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13
Q

Mortgage Corp v Shaire

A

Changed law; courts not constrained by presumption of sale (s.15 TLATA)

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14
Q

What are the two tenant covenants?

A

No waste and ‘tenant-like manner’

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14
Q

What case shows a limitation of s.36 AJA?

A

Ropaigealach v Barclays Bank

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15
Q

What did Walker and Hale say in Stack about resulting trusts?

A

Not for family home as the law has moved on

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16
Q

Aspden v Elvy

A

Habitable work

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17
Q

How many JTs max can there be at law?

A

Four (s.34(2) LPA)

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17
Q

DNH Food v LB of Tower Hamlets

A

Denning tried to argue if B has a CL against A, he also has a CT straight away, and thus C is bound

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17
Q

Silven Properties v Royal BoS

A

No obligation to improve property for sale

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18
Q

Four Maid v Dudley Marshall

A

‘Mortgagee may go into possession before the ink is dry’ (Harman J)

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20
Q

In what case did Hale later say there is no presumption of equity follows the law?

A

Jones v Kernott

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20
Q

when is the only time a debtor can assert their equity of redemption against the mortgagee?

A

when they sell without power of sale (s.52 LRA only arises under s.101 LPA)

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21
Q

Who said imputed common intention should not be used for acquisition?

A

Wilson in Jones v Kernott

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21
Q

What are the three methods of transmitting the benefit of a covenant?

A

Assignment, annexation and building schemes

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22
Q

According to Street, what are the essential characteristics of a lease?

A

Exclusive possession of land for a term at a rent

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22
Q

Birmingham v Ross on LC2

A

Can’t take away means of enjoying that which has been given

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23
Q

What does s.51 LRA do?

A

Once registered, a mortgage charge takes effect as a charge by deed by way of legal mortgage, regardless of if it was made by payment of money or by deed

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24
Q

What are the restrictions on action for arrears of rent?

A

6 years rent (s.17 limitation act 1980)

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25
Q

To ensure the benefit of a FC always transmits, what might you need and according to what case?

A

Chain of assignment, Re Pinewood Estates

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27
Q

Re Aldred

A

‘Good view’

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28
Q

Quennell v Maltby

A

Remove tenants; can only seek possession ‘bona fide and reasonably’

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29
Q

What are the three methods of transmitting the burden of a positive FC?

A

Contractual, estate rent charges or mutual benefit and burden

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30
Q

Who described ‘family home’ as ‘domestic’ context in Stack?

A

Hale

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30
Q

What two cases conflict on the appropriate steps for undue influence in regard to independent advice?

A

TSB v Camfield; Midland Bank v Kidwai

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30
Q

What does Elwood v Goodman say about mutual benefit and burden and protection?

A

No need to register them - no do not create an estate/interest

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31
Q

Santley v Wilde

A

Collateral advantages allowed to mortgage is reasonable and not a fetter on redemption

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32
Q

Mikeover v Brady

A

Separate duties to pay rent can remove unity of interest

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32
Q

What is the effect on the LPA of Report No.327

A

If imposed, would need to amend s.1 LPA to make land obligations (positive and negative burden and benefit FC) legal interests.

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33
Q

Winter Garden v Millennium Productions

A

Reasonable notice; B is not immediately a trespasser

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33
Q

What are the two privity principles in leasehold covenants?

A

Privity of contract and of estate

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34
Q

Clough Mill v Martin

A

Retention of title; not a security right as not a new right

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35
Q

Who described ‘family home’ as ‘matrimonial or quasi-matrimonial’ in Stack?

A

Walker

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35
Q

Distress and commercial rent arrears

A

Ancient feudal remedy

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36
Q

London Diocesan v Phithwa

A

Head lease

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37
Q

Cuckmere Brick v Mutual Finance

A

Can act in self-interest for sale but need to take obvious steps

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39
Q

In which case did Denning try to turn a contractual licence into an equitable property right?

A

Errington v Errington & Woods

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40
Q

Hill v Tupper

A

Canal; E must benefit DT

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40
Q

Who highlighted identifying land to be benefitted for the purposes of s.78 LPA can be problematic?

A

Howell

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42
Q

Who said Street can be explained through a doctrinal perspective?

A

if there is no certain term, A’s property right is meaningless

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44
Q

How are proceeds applied after a power of sale?

A

To meet sale costs, then to discharge amount owed, then balance remaining is paid to other mortgages/borrower

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46
Q

Antoniades v Villiers

A

Couple; permitting others

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47
Q

What is the problem with an ambulatory trust?

A

Usually need an ‘act’ to sever; is this a new method of severance?

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48
Q

What case shows a ‘type’ of right that does not need to be registered, but still functions as a type of mortgage

A

Retention of title in Clough Mill v Martin

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49
Q

Barrett v Morgan

A

If lease ends by surrender to owner of fee simple, easement survives

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50
Q

How can a trust be expressly created?

A

S.53(2) LPA

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51
Q

First National Security v Hegerty

A

Voluntary disposition of temporal alienation may still sever

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51
Q

What section of the LPA gives a definition of rent?

A

S.205(1)(xxvii)

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52
Q

What were the two problems pre-1996?

A

Continuing contractual liability and touch and concern

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52
Q

What are the requirements for an easement?

A

DT and ST both identifiable, which differ in ownership and occupation. The E must ‘accommodate’ the DT and right must be capable of forming the subject matter of a grant

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53
Q

Aslan v Murphy

A

Times in which they don’t have EP

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53
Q

What if the servient land of the negative covenant is unregistered (for registration)?

A

Use a Class D(iii) Land Charge

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54
Q

Why is the 2nd requirement of mutual benefit and burden doubted?

A

In Halsall, no choice about sea wall

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55
Q

From what case do the three ways of quantification come?

A

Stack v Dowden

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56
Q

Ree v Lisle

A

Allow purchase of estate if wholly separate to mortgage

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57
Q

Reid v Bickerstaff on building schemes and benefit of FCs

A

need a defined area of land and an intention that covenants are for the common benefit of all

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59
Q

What section of the LPA notes a lease is a legal estate?

A

S.1

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60
Q

What statute applies to taking possession?

A

Administration of Justice Act 1970, s.36

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60
Q

What case shows s.36 AJA applies even if dwelling is not D’s home and only part of the property?

A

BoS v Miller

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61
Q

What does s.36 AJA allow?

A

Court to adjourn proceedings or grant a suspended possession order

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62
Q

CLBS v Flegg

A

Legal charge for value overreaches if capital sum paid to 2 trustees

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63
Q

Verrall v Great Yarmouth

A

Court will protect licence against breach by A even if B has not begun to use land

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64
Q

Who gave the essential characteristics of a lease?

A

Lord Templeman in Street v Mountford

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64
Q

What are the three refinements on Street?

A

Licence if there are 2 or more occupiers without 4 unities, more power for public sector than private and ‘contractual lease’ through Bruton and Kay

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64
Q

S.99 LPA powers of mortgagor

A

Lease property

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65
Q

Saunders v Vautier

A

Sole beneficiary of full age and capacity can insist on legal title

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65
Q

Why was there no PE outcome in Coombes?

A

No detriment

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65
Q

Palk v Mortgage Services on s.91 order of sale

A

Maybe even if mortgagee seeks possession and proceeds will not pay off mortgage

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66
Q

What case shows that knowledge of impropriety under s.104 LPA does not include selling at a mere undervalue?

A

Corbett v Halifax BS

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66
Q

Why are there registration issues if DT is dominant land?

A

requires manually moving E on leasehold to freehold with a time limit

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67
Q

What happens if FCA sourcebook rules are not followed for mortgages?

A

Revoke licence

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69
Q

White v White

A

Welfare of minors considered under s.15 TLATA

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69
Q

What does the case of Eves v Eves suggest about actual common intention?

A

May apply even when promise was not genuine

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69
Q

Re Dolphins Conveyance (building schemes, benefit of FCs)

A

Only need an understanding of wider community interest

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70
Q

How does one create an equitable lease?

A

Either failed to register or contract without deed

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71
Q

Newton Abbot v Williamson

A

Devonia ironmongers

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72
Q

London County Council v Allen

A

Roadway

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73
Q

Southwark LBC v Mills on LC 1

A

Lawful possession will not be interfered with, not condition of premises

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74
Q

Ropaigealach v Barclays Bank

A

Vacant possession so no court order needed and no s.36

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75
Q

Re North East Property Buyers’ Litigation

A

Argue right arose before any others when used to purchase a house (s.28 LRA)

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76
Q

First penthouse v Channel Hotels

A

Need intent to be annexed to tenancy or reversion for term to bind successor

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76
Q

How could a vendor use LRA to ensure burden of positive covenants passes upon salle?

A

S.40 LRA restriction to require purchaser to enter into a positive covenant as part of the purchase

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77
Q

What section shows the application of proceeds from a sale with a mortgage?

A

S.105

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79
Q

K/S Victoria v House of Fraser

A

Can create chain of indemnity through AGA

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79
Q

Multiservice Bookbinding v Marden, Lord B-W

A

‘shock the conscience of the court’

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80
Q

Polo Woods v Shalton-Agar

A

Easement, to ‘accomodate’, does not have to be needed, just connected and with utility

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81
Q

What is required for registered land with an equitable lease?

A

Notice to protect the lease

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82
Q

What section gives implied powers into a mortgage made by deed?

A

S.101 LPA

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84
Q

What does the case of Aspen v Elvy suggest about inferring an agreement as to CT for sole legal ownership?

A

Not limited to purchase price contributions as suggested by Bridge in Rosset

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85
Q

How can a charge by way of legal mortgage be registered?

A

S.23 and s.51 LRA

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86
Q

In what case was there suggested to be such a thing as an ‘ambulatory trust’?

A

Hale, Stack

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87
Q

Who in Oxley v Hiscock said there is overlap between CT and PE?

A

Lord Bridge

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88
Q

Jaggard v Sawyer on burden relating to land

A

Using land as a garden

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90
Q

What is the legal maxim which bases all mortgage security?

A

‘Once a mortgage, always a mortgage’

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92
Q

Why does the decision in Berrisford not overrule Prudential?

A

Uncertain term still void for companies

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92
Q

Why is there no freehold title in flats?

A

Burden of positive FC can’t be implied further than original owner

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93
Q

Who showed there is a reluctance to develop new easements?

A

Phipps v Pears

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94
Q

What section shows mortgagee has a basic right to possession?

A

s.87 LRA

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94
Q

How can a positive covenant be protected?

A

Entry of notice (s.32 and s.33 LRA)

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95
Q

What case shows how s.36 AJA may never come to be considered in an order for possession?

A

Ropaigealach v Barclays Bank

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96
Q

‘No clogs or fetters’ on EoR

A

Jones v Morgans

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97
Q

In what case did Denning creatively impose a contractual licence?

A

Tanner v Tanner

99
Q

Swift 1st v Colin

A

Power under s.101 with a deed but no registration

101
Q

What does the CCA 1974 allow courts to do?

A

grant a time order to extend lender’s enforcement of right to possession and amend/vary mortgage terms

102
Q

What section of the LPA, before LRA, gave two ways to make a legal mortgage?

A

S.85

103
Q

What are the two ways a covenant can be implied into a lease?

A

Implied in fact (Moorcock, Shirlaw, A-G of Belize) or in law as a feature of all (Shell v Lostock; Liverpool CC)

103
Q

Silven Properties v RBC

A

Self-interest, even if conflicts with mortgagor, for appointment of a receiver

105
Q

Provincial bank v Ainsworth

A

Personal right; not equitable interest

106
Q

Why did the four individuals in AGS v Vaughan not have a lease?

A

No exclusive possession nor joint lease

107
Q

What section of the LT(C)A ensures anti-avoidance procedures do not work?

A

S.25

109
Q

If TO wants to enforce obligation against TA4, what procedures and rights come from it?

A

Problem notice in s.17 and allow overriding lease under s.18

110
Q

Tulk v Moxhay

A

Burden can transmit to successors of an ST, Leicester square

111
Q

What were the two legal mortgages prior to LRA?

A

Long lease and charge by deed

112
Q

Dawson v Dyer

A

Individual obligation of LC1 without precondition

113
Q

What section of LPA protects the purchaser even when creditor has breached equitable duties?

A

S.104

115
Q

What three circumstances were given in Facchini v Bryson for when exclusive possession would not equal a lease?

A

No intention to create one, no power to grant a tenancy and agreement to occupy arises from other legal relationship

117
Q

Sole beneficiary of full age and capacity can insist on legal title

A

Saunders v Vautier

118
Q

What else is needed for equitable lease under s.2 other than Chatsworth v Johnson –> SP?

A

Damages inadequate, clean hands and valuable consideration by person enforcing it

119
Q

Injunction and specific performance for leasehold covenants?

A

Against certain breaches, and SP only exceptionally

119
Q

Re Ellenborough on certain

A

‘jus spatiendi’

121
Q

BoS v Miller

A

S.36 AJA applies even if the dwelling is not D’s home and only part of the property

122
Q

Machester CC v Pinnock

A

Personal circumstances increasing effect of eviction may be considered exceptionally

124
Q

What part of LPA gives rules of a notice?

A

S.196

126
Q

What section of TLATA states there can only be a JT at law?

A

S.36(2)

126
Q

What are the powers of a mortgagor?

A

Redemption, lease property, claim possession and apply for an order of sale

128
Q

What case shows a receiver can act in self-interest even if this conflicts with the mortgagor?

A

Silven Properties v RBC

129
Q

Westminster CC v Basson

A

Public duty and statutory housing

131
Q

Evidence of detriment gives presumption of reliance for CT of sole legal ownership

A

Greasley v Cooke

133
Q

Why did McFarlane, Nield and Hopkins criticise Berrisford?

A

CL rule creates a terminable life estate no longer legal under LPA and simpler just to remove rule

134
Q

In what report did the Law Com propose the introduction of ‘land obligations’ instead of positive/negative covenants

A

No.327

136
Q

Halsall v Brizell

A

Estate shared facilities

137
Q

What does s.3 HRA require of s.87(1) LRA basic right to possession?

A

Interpreted in a human rights compatible manner

139
Q

What is the problem with Hale saying we can impute intention for acquisition?

A

Allows CT to arise without any agreement at all

140
Q

How were CT and PE distinguished in Rosset?

A

CT requires discussion before purchase

142
Q

What case shows that s.36 may occasionally consider personal circumstances increasing effect of eviction?

A

Manchester CC v Pinnock

143
Q

Fitzrikston LLP v Panayi

A

Reasonable market rent for s.54(2) LPA exception

144
Q

What was the breach of contract found in King v David Allan?

A

Disabled himself from giving effect to the licence

145
Q

Laskar v Laskar

A

Daughter, mother, investment

147
Q

Since when and what case has there been a rapid development of family homes trusts?

A

Stack v Dowden, 2007

148
Q

Who is an example of someone who thought recreation could not ‘accommodate’ the DT?

A

Theobald “The Law of Land”

149
Q

Why is a licence not a property right?

A

No covered in s.1 or s.4 LPA

150
Q

What is the way mortgages are usually adopted?

A

Charge by way of legal mortgage through s.23 and s.51 LRA

151
Q

Barton v Camden

A

New periodic tenancy if JT stays on and L accepts rent

152
Q

If a lease is over 7 years, what else is needed in addition to a deed?

A

Registration under s.27(2) for registered land or s.4(1) for unregistered

153
Q

What Law Com report suggested abolition of foreclosure for land?

A

No. 204

154
Q

Telephone shares; right is for security, so can’t insist on it even if delayed

A

Cukurova Finance v Alfa Telecom

156
Q

What would have been the outcome if Stack had applied in Laskar?

A

Presumption would have been rebutted of equitable following legal interests

157
Q

Federated Homes v Mill Lodge on s.78(1) LPA

A

Annexes all positive and negative benefits of FC

158
Q

Where are AGAs covered under LT(C)A?

A

S.16

159
Q

Greasley v Cooke

A

Evidence of detriment gives presumption of reliance

160
Q

Newton Abbot v Wiliamson on requirement 1 of burden of negative FCs

A

Not use premises as ironmongers

161
Q

When will courts not enforce a contractual licence and A’s duty not to exclude B?

A

When inappropriate (arguing), so damages

162
Q

How can a creditor appoint a receiver?

A

Express power in agreement or through s.101 LPA

164
Q

What is required for an action for damages in leasehold covenants if the lease if for more than 7 years with at last 3 left?

A

A notice (Leasehold Property (Repairs) Act 1938)

166
Q

Smith v Marrable

A

Furnished premises must be fit for habitations

167
Q

What Report of the LC recommended the obligation not to commit waste be replaced by implied covenant to ‘take proper care’?

A

Report no.238

168
Q

Why was an injunction not given in Jaggard?

A

Too oppressive

169
Q

Jones v Morgans

A

‘No clogs or fetters’ on EoR

170
Q

Midland Bank v Kidwai

A

No liability for undue influence if C ignored advice

172
Q

What section of the LPA allows a mortgage of land to be made by mortgage or long lease?

A

S.85(1) and s.87

173
Q

What were the exceptional circumstances Templeman gave in Street when exclusive possession would not equal a lease?

A

No intention to create legal relations (e.g. family: Jones v Padavatton, Danckwerts LJ) or employment contract

174
Q

Kay v London Borough of Lambeth (Scott)

A

‘Non-estate tenancy’ of Bruton

176
Q

Anneveld v Robinson

A

Secured creditors’ interests: large mortgage. S.15 TLATA

177
Q

Who went even further in Oxley and said ‘no difference in outcome’ between CT and PE?

A

Chadwick LJ

177
Q

What case shows a power of sale and good faith means to discharge the debt?

A

Downsview Nominees v First City Corp

179
Q

BHP Petroleum v Chesterfield

A

Core term can be expressed to be personal

180
Q

Newton Abbot v Williamson on requirement 3 burden negative GC

A

Upjohn thought no compete clause benefits owner and land - need to affect ‘either the value… or the method of its occupation’

182
Q

Laskar v Laskar on family home

A

Stack has no application to property for investment

183
Q

What did Hale say obiter in Stack?

A

Express/inferred/imputed applied to both quantification and acquisition

185
Q

Rodway v Landy

A

Doctors; surgery

186
Q

Why was it decided there was a CT for widow in Binions v Evans?

A

Purchaser took the land subject to her right; lower price etc, so gained new property right against purchaser

187
Q

Where do the requirements for an easement come from?

A

Lord Evershed MR in Re Ellenborough Park

188
Q

What is a possible contractual solution to the timing issue for benefits of FCs in building schemes?

A

S.56(1) LPA (need a deed) and s.1 C(RoTP)A

190
Q

What case suggests a temporary act on a tenants share may amount to severance?

A

First National Security v Hegerty

190
Q

How can the benefit of an FC be annexed expressly?

A

Seller says at some point the benefit is to run with the land

191
Q

Morrells Oxford v Oxford United requirement 2 burden negative FCs

A

‘Rebuttable presumption’ that covenants are intended to run

192
Q

Collateral advantages allowed to mortgage is reasonable and not a fetter on redemption

A

Santley v Wilde

193
Q

Tanner v Tanner

A

Twins; children

194
Q

Berrisford v Mexfield

A

Housing cooperative

195
Q

What is an equity of redemption?

A

Equitable property rights of value of land, less amount owed

197
Q

Bostock v Bryant

A

Fluctuating utility bill too uncertain for rent

199
Q

Wood v UK

A

ECtHR accepted s.87(1) is proportionate so no Art.1 or 8

200
Q

Palk v Mortgage Services

A

sit on property; bank cannot act at mortgagor’s expenses

201
Q

Warren v Keen on TC1

A

‘Little jobs… which a reasonable tenant would do’

203
Q

Why did the government reject the TR1 form being compulsory?

A

Goes against their anti-regulatory agenda.

203
Q

When is rent sometimes needed for a lease?

A

Statutory protection

204
Q

Hammond and Fulham v Monk

A

Only one JT need give notice under a periodic tenancy

205
Q

William Old International v Arya

A

No positive burden on ST owner (easements)

206
Q

Bristol & West BS v Ellis

A

If there is only a small gap between what is owed and value of security, possession is likely to be given and application of future sale rejected (under s.36 AJA)

206
Q

What was it suggested is not sufficiently certain to form the subject matter of a grant of E?

A

Re Ellenborough - no ‘jus spatiendi’; Re Aldred - ‘good view’

208
Q

Good Harvest v Centaur

A

Obligation requiring existing guarantor to guarantee obligations of TA is void

209
Q

What section of the LRA shows the two ways to make a legal mortgage of registered land?

A

S.23(1)

211
Q

What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?

A

Sch.14 s.145 LPA

212
Q

What case showed that courts will only exceptionally require the creditor to permit the debtor to retain possession?

A

Cheltenham & Gloucester v Booker

213
Q

Jones v Kernott on family home

A

No presumption of RT from unequal shares in deposit if romantic relationship

215
Q

What is the remedy for covenants are personal contactual obligations?

A

Can be enforced at law OR equity (claim in damages)

216
Q

What did Hale say instead in Jones about presumption of JT in law being JT in equity?

A

It will be presumed when there is an ‘emotional and economical commitment to a joint enterprise’

217
Q

What are the three Landlord covenants?

A

Quiet enjoyment, no derogation from grant and fitness for human habitation

218
Q

How can the difficulties of freehold covenants be avoided?

A

s.16 Commonhold and Leasehold Reform Act 2002

219
Q

From what case is the proportionality test that should be applied to s.87(1) LRA by virtue of s.3 HRA?

A

De Freitas v Permanent Secretary

220
Q

Oxley v Hiscock

A

CT and PE

221
Q

Wilkinson v Kerdene

A

Holiday cottage

222
Q

Federated Home v Mill Lodge on requirement 1 of burden of negative FCs

A

Not build more than X houses

223
Q

What leases automatically override without registration?

A

Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)

224
Q

Re King

A

Assignor used to lose right to sue for breach prior to assignment

225
Q

What does Halsall v Brizell say about mutual benefit and burden?

A

You can receive the benefit if you take on the burden of the positive covenant

227
Q

What two cases conflict on the nature of a lease/licence and rights of action?

A

Hunter v Canary Wharf; Manchester Airport v Hutton

228
Q

What two radical reforms did the Law Com propose in “Trusts of Land”, criticised by McFarlane?

A

Limit severance to statutory method and enable severance by will.

229
Q

Who said Street can only be justified (on a term certain) through a utility perspective?

A

Hill

231
Q

What case shows collateral advantages may be allowed to continue past redemption if they don’t attach to the land?

A

Kregliner v New Patagonia Meat Co

232
Q

Who said a ‘chance was missed… to establish the 1995 Act as a self-contained scheme’, and is another ‘example of piecemeal intervention’?

A

Dixon

233
Q

How did Wilkinson v Kerdene stretch requirement 1 of mutual benefit and burden?

A

stretched conditionality so you only need to receive part of the benefit to be liable for entire burden

235
Q

Warren v Keen on TC2

A

‘Tenant-like mannner’

236
Q

What does Law Com No.204 suggest about taking possession?

A

Statute should recognise creditor can only take possession with a court order

237
Q

Prudential Assurance v London Residuary

A

Road widening; void lease

238
Q

What two judges in Stuck argued for a constructive trust for family homes?

A

Walker and hale

239
Q

Binions v Evans

A

Constructive trust for widow

241
Q

What case shows the normal law of frustration applies to leases?

A

National Carriers v Panalpina

242
Q

Why was it decided in London Diocesan that the head leasor was not liable after assignment?

A

Created own exit route; s.25, 6 and 8 not meant to override any decided exit route

243
Q

What is the problem with foreclosure?

A

Contracts basic rule that right is only to secure performance

244
Q

What are the three requirements for the burden of a negative FC to run?

A

Relates to land, intended to run, dominant land capable of benefitting and negative covenant

246
Q

In what case and by who were the two requirements to prove CT for sole legal ownership given?

A

Lloyds Bank v Rosset by Lord Bridge

248
Q

What is an equitable right to redeem?

A

Right to pay after legal date of redemption

249
Q

Thames mead Town v Allotey requirements for mutual benefit and burden

A

Benefit is conditional on performing burden and you have a choice about whether to accept

251
Q

What section covers the court’s discretion to order a sale for mortgages?

A

S.91 LPA

252
Q

What two cases show the issue of a ‘scintilla temporis’ in priorities of a mortgage?

A

Abbey National v Cann; Re North East Property Buyers’ Litigation

253
Q

Abbey National v Cann

A

Unencumbered fee simple

254
Q

What shows a reluctance to abandon touch and concern in First Penthouse?

A

Said expressed to be personal or by substance it is

256
Q

What case gave the requirements for mutual benefit and burden?

A

Thames mead Town v Allotey

257
Q

Downsview Nominees v First City Corp

A

Exercise power of sale in good faith (i.e. to discharge the debt)

258
Q

What appears to diminish s.8 AJA somewhat?

A

‘Reasonable period’ in s.8(2) appears to show the courts having regard to the whole mortgage and whether D will pay everything owed by the end

259
Q

What is an action for damages limited by in leasehold covenants?

A

Amount L’s interest has been diminished

260
Q

What is required for an equitable lease?

A

A contract for the purposes of s.2

262
Q

What two cases show a bank must take reasonable care to achieve a reasonable price?

A

Silven Properties v RBS; Cuckmere Brick v Mutual Finance

263
Q

What case shows powers under s.101 LPA arise even without registration?

A

Swift 1st v Colin

265
Q

How are trusts implied?

A

Resulting or constructive

266
Q

What did Dixon say of s.15 TLATA?

A

‘Indications of a general approach’ and is an ‘aid to the exercise of discretion’ in determining intention

267
Q

Cres Nicholson Residential v McAllister

A

Deed must describe land so it would be easily ascertainable for s.78(1)

268
Q

Who said that requiring a JT for a lease cannot be justified doctrinally?

A

Sparkes

269
Q

Unencumbered fee simple

A

Abbey National v Cann; Re North East Property Buyers’ Litigation

270
Q

Coombes v Smith

A

Affair, children

271
Q

Where does the ‘touch and concern’ requirement come from?

A

Spencer’s Case

272
Q

Hunter v Canary Wharf

A

Tort of nuisance needs property right (i.e. not a licence)

273
Q

Where is the meaning of ‘sums due’ for s.36 AJA?

A

S.8

274
Q

Cukurova Finance v Alfa Telecom

A

Telephone shares; right is for security, so can’t insist on it even if delayed

275
Q

Re Palmer

A

Involuntary acts give notice from declaration of bankrupty

277
Q

What is needed for a lease that doesn’t satisfy s.54(2)?

A

A deed

278
Q

What LC Report prompted LT(C)A?

A

Report No.174

279
Q

Southwark LBC v Mills on LC2

A

Little difference between LC1 and LC2

280
Q

Jaggard v Sawyer

A

Cul-de-sac covenant for garden

282
Q

What does Jaggard v Sawyer give as the default remedy for freehold covenants?

A

Injunction

283
Q

Kregliner v New Patagonia Meat Co

A

May allow advantages to continue past redemption if don’t attach to land

284
Q

What case can be contrasted with Newton Abbot to highlight the difference between easements and FCs?

A

Hill v Tupper –> only benefitted business, not land

285
Q

What is required for unregistered land with an equitable lease?

A

Registration or will not bind

286
Q

Reid v Bickerstaff on duties for benefit of FCs

A

Not required that all owners are subject to the same duties

287
Q

Duke v Wynne

A

Insert others

288
Q

King v David Allan

A

Cinema wall

289
Q

What is s.101 LPA regulated by?

A

S.103 LPA

290
Q

Harris v Goddard

A

Need immediate intention to sever

291
Q

When does s.36 AJA apply?

A

Period to make payments over, dwelling part of the property and even if not D’s home and requires bank to have gone to court

292
Q

Hussein v Mehlman

A

Lease is no different to contract; can accept repudiatory BoC

293
Q

What case shows that the courts will see multiple documents as one for unity of title?

A

Antoniades v Villiers

294
Q

Eves v Eves

A

‘This will always be your home’

296
Q

What are the four unities of coownership?

A

Unity of title, time, possession and interest

297
Q

How can a covenant be created?

A

Signed writing (s.53(1) LPA) and signed contract (s.2LP(MP)A) or proprietary estoppel

298
Q

Walsh v Lonsdale on equitable leases

A

Beats periodic tenancy

299
Q

What sections of the LPA cover foreclosure?

A

S.88(2) and s.89(2) LPA

300
Q

What section of LT(C)A solves ‘touch and concern’ issue?

A

S.3, expressed to be personal

301
Q

Why did Denning’s citation of Bannister (brother in law, rent free) and Binions in DNH not work?

A

The CTs in those cases arose later as a result of a later promise by the successor

302
Q

Thompson v Park

A

School

303
Q

Roake v Chadham

A

Cannot be excluded because allowance for contrary intention in s.79

304
Q

What case shows that notice of severance is given upon declaration of bankruptcy?

A

Re Palmer

305
Q

Kinch v Bullard

A

Need not see notice of severance, just delivered

306
Q

What did the court in Prudential comment about the requirement of a term certain?

A

‘Ancient and technical RoL’

307
Q

What did Smith say about JT?

A

Abolition unlikely to help; TC still requires updating of will

308
Q

What did Pascoe say about s.12 TLATA?

A

Consistent with method of the trust emphasising use rather than investment value of land

309
Q

What are the three ways to consider quantification for sole and joint legal ownership?

A

Actual, inferred and imputed common intention

310
Q

What is the statutory method of annexation for the benefit of an FC?

A

S.78(1) LPA

311
Q

Goodman v Gallant

A

‘Conclusive’ declaration of an express trust

312
Q

What section shows a receiver is an ‘agent’ of the mortgage?

A

S.109 LPA

314
Q

What did the Law Commission suggest about a TR1 form?

A

Should be compulsory

315
Q

Cheltenham & Gloucester v Booker

A

Courts appear to take into account the whole mortgage when deciding ‘reasonable period’ for s.8 AJA

316
Q

Corbett v Halifax BS

A

S.104 does not include mere undervalue

317
Q

what is the contractual method for transmitting burden of positive FC?

A

Chain of indemnity through a contract

318
Q

Why was Coombes a PE case?

A

D already owned the house

319
Q

What is it called when one JT kills another and is no longer able to claim their full share?

A

Forfeiture

320
Q

What case shows all four unities are needed for a JT and a lease?

A

AGS v Vaughan; Antoniades v Villiers

321
Q

Who suggested a ‘tenancy by estoppel’ could have been used in Berrisford?

A

Routley

322
Q

Name three sources of regulation for mortgages

A

FCA Sourcebook on Mortgage and Home Finance; Financial Services and Market Act 2000; CCA 1974

323
Q

Re Ellenborough Park on ‘accomodate’

A

Geographical part to test, and recreation productive and beneficial

324
Q

What were the two steps taken in Berrisford?

A

Common law rule that uncertain term = lease for life terminable on uncertain event. Then s.149(6) LPA made it a 90 year lease terminable on death/event

325
Q

Why were the court persuaded to grant s.91 LPA in Palk v Mortgage Services?

A

debtor in negative equity and bank’s actions ‘unfairly prejudices’ them

327
Q

Chartered Trust v Davies

A

L can breach LC2 by failing to prevent nuisance of other tenants that makes premises materially less fit for purpose

328
Q

What four things protect the equity of redemption?

A

Rule against irredeemability, mortgagee attempts to purchase are void, unfettered redemption and unconscionable terms/unreasonable interest rates

329
Q

Manchester Airport v Hutton

A

Trees; no distinction between occupation and possession, allowing licence to = action against protestors

330
Q

Who said that rebutting ‘equity follows the law’ is not a ‘task to be lightly embarked upon’?

A

Hale, Stack

331
Q

What do Rosset and Stack suggest about the dual role of a purchase price?

A

Can be used to prove intention and detriment for CT under sole legal ownership

332
Q

S.91 LPA powers of mortgagor

A

Redemption, order of sale

333
Q

AG Securities v Vaughan

A

Together licence

334
Q

How did leasehold estate mortgages differ from freehold prior to LRA?

A

Long lease under s.85 LPA would be for 10 days less than borrower’s own lease usually

335
Q

When is there a more expansive notion of ‘family home’ than in constructive trusts?

A

Proprietary estoppel.

336
Q

What does the FSMA 2000 regulate?

A

First legal mortgages secured against individual borrower’s home

337
Q

S.98 powers of mortgagor

A

Claim possession

338
Q

In what case did Lord Kerr call imputed common intention ‘fiction’

A

Jones

339
Q

Ashburn Anstalt v Arnold

A

CoA rejected that CL gives rise to CT, a proprietary right that can bind successors

Law First Year (24 decks)

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