Property Law Second Term Flashcards
What sections of the LT(C)A allow a tenant and landlord to be released from covenants?
S.5 (tenant) and s.6 and s.8 (landlord)
What section of LRA shows a legal charge for value is taken free of any interest not overriding or registered?
S.30 LRA
Wall v Collins
E is at least as long as the original lease if A obtains fee simple from leasehold
When is forfeiture available after leasehold covenant breach?
Supposedly available for all
Consumer Credit Act 1974 regulates what?
Some mortgages
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?
Rhone v Stephens
What case confirmed the validity of periodic tenancies as a certain term?
Prudential
What case made it clear that C’s rights are only to discharge D’s obligations in mortgages?
Bristol Airport v Powdrill
What are the acquisition requirements for a charge by way of legal mortgage?
S.27(2)(f) LRA and s.52 LPA with s.1 LP(MP)A
Samuel v Jarrah Timber
Provision in mortgage contract for purchase is void
TSB v Camfield
If no proper advice given, despite solicitor’s certificate, mortgagee would be liable
How can you abolish a covenant?
Through s.84 LPA
Burgess v Rawnsley
Misunderstanding; mutual agreement
Coatsworth v Johnson
Need specific performance for equitable lease
Budd-Scott v Daniel
LC for quiet enjoyment always arises
What is an action for damages available for in leasehold covenants?
Everything except rent
Horsham Properties v Clark
Rejected possibility of unjustified interference with property rights through s.87(1) under Art. 1 Protocol 1
In what case did Lord B-W highlight that C obtains rights ‘in order to enforce the discharge of D’s obligations’?
Bristol Airport v Powdrill
why have certain attempts to use s.79 LPA failed for burden of negative FCs?
Burden does not run if the covenant is personal
Why is foreclosure essentially obsolete?
Court order needed, and court will usually order sale under s.91 LPA
What are mortgage terms subject to?
UTCCR: ‘plain and intelligible’, and if not then contra proferentum through Reg.7
Why would the outcome of London County Council v Allen be different now?
Local authorities can enforce covenants without dominant land, granted by statute
What judge in Stack preferred resulting trust?
Lord Neuberger
What is the argument about s.79(1) LPA and positive FC burden?
Doesn’t exclude burden of positive covenants being annexed
What section of TLATA notes co-owners can’t exclude each other?
S.13
Bruton v London and Quadrant
Nemo dat; ‘contract of tenancy’
Errington v Errington & Woods
Mortgage payments (to uncle, who then died, beginning performance etc)
What is forfeiture controlled by?
Commonhold and Leasehold Reform Act 2002
What case shows a creditor has a basic right to possession?
Four Maid Ltd v Dudley Marshall
Who highlighted that Federated Homes’ interpretation of s.78 LPA is not at odds with s.79?
Snape
Why was the intention in Harris v Goddard not immediate?
Applying for divorce so asking for court order etc.
What are the two requirements to prove CT for sole legal ownership?
Agreement/arrangement/understanding AND detrimental reliance by B
Yaxley v Gotts
Lease through PE
Antoniades v Villiers
Multiple documents are one if for the ‘wrong reason’: unity of title
London County Council v Allen on requirement 3 of burden negative FCs
Need land adjacent to ST such that enforcing will benefit DT
S.79(1) LPA
Burden of negative covenants deemed to run without contrary intention
Mortgage Corp v Shaire
Changed law; courts not constrained by presumption of sale (s.15 TLATA)
What are the two tenant covenants?
No waste and ‘tenant-like manner’
What case shows a limitation of s.36 AJA?
Ropaigealach v Barclays Bank
What did Walker and Hale say in Stack about resulting trusts?
Not for family home as the law has moved on
Aspden v Elvy
Habitable work
How many JTs max can there be at law?
Four (s.34(2) LPA)
DNH Food v LB of Tower Hamlets
Denning tried to argue if B has a CL against A, he also has a CT straight away, and thus C is bound
Silven Properties v Royal BoS
No obligation to improve property for sale
Four Maid v Dudley Marshall
‘Mortgagee may go into possession before the ink is dry’ (Harman J)
In what case did Hale later say there is no presumption of equity follows the law?
Jones v Kernott
when is the only time a debtor can assert their equity of redemption against the mortgagee?
when they sell without power of sale (s.52 LRA only arises under s.101 LPA)
Who said imputed common intention should not be used for acquisition?
Wilson in Jones v Kernott
What are the three methods of transmitting the benefit of a covenant?
Assignment, annexation and building schemes
According to Street, what are the essential characteristics of a lease?
Exclusive possession of land for a term at a rent
Birmingham v Ross on LC2
Can’t take away means of enjoying that which has been given
What does s.51 LRA do?
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
What are the restrictions on action for arrears of rent?
6 years rent (s.17 limitation act 1980)
To ensure the benefit of a FC always transmits, what might you need and according to what case?
Chain of assignment, Re Pinewood Estates
Re Aldred
‘Good view’
Quennell v Maltby
Remove tenants; can only seek possession ‘bona fide and reasonably’
What are the three methods of transmitting the burden of a positive FC?
Contractual, estate rent charges or mutual benefit and burden
Who described ‘family home’ as ‘domestic’ context in Stack?
Hale
What two cases conflict on the appropriate steps for undue influence in regard to independent advice?
TSB v Camfield; Midland Bank v Kidwai
What does Elwood v Goodman say about mutual benefit and burden and protection?
No need to register them - no do not create an estate/interest
Santley v Wilde
Collateral advantages allowed to mortgage is reasonable and not a fetter on redemption
Mikeover v Brady
Separate duties to pay rent can remove unity of interest
What is the effect on the LPA of Report No.327
If imposed, would need to amend s.1 LPA to make land obligations (positive and negative burden and benefit FC) legal interests.
Winter Garden v Millennium Productions
Reasonable notice; B is not immediately a trespasser
What are the two privity principles in leasehold covenants?
Privity of contract and of estate
Clough Mill v Martin
Retention of title; not a security right as not a new right
Who described ‘family home’ as ‘matrimonial or quasi-matrimonial’ in Stack?
Walker
Distress and commercial rent arrears
Ancient feudal remedy
London Diocesan v Phithwa
Head lease
Cuckmere Brick v Mutual Finance
Can act in self-interest for sale but need to take obvious steps
In which case did Denning try to turn a contractual licence into an equitable property right?
Errington v Errington & Woods
Hill v Tupper
Canal; E must benefit DT
Who highlighted identifying land to be benefitted for the purposes of s.78 LPA can be problematic?
Howell
Who said Street can be explained through a doctrinal perspective?
if there is no certain term, A’s property right is meaningless
How are proceeds applied after a power of sale?
To meet sale costs, then to discharge amount owed, then balance remaining is paid to other mortgages/borrower
Antoniades v Villiers
Couple; permitting others
What is the problem with an ambulatory trust?
Usually need an ‘act’ to sever; is this a new method of severance?
What case shows a ‘type’ of right that does not need to be registered, but still functions as a type of mortgage
Retention of title in Clough Mill v Martin
Barrett v Morgan
If lease ends by surrender to owner of fee simple, easement survives
How can a trust be expressly created?
S.53(2) LPA
First National Security v Hegerty
Voluntary disposition of temporal alienation may still sever
What section of the LPA gives a definition of rent?
S.205(1)(xxvii)
What were the two problems pre-1996?
Continuing contractual liability and touch and concern
What are the requirements for an easement?
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
Aslan v Murphy
Times in which they don’t have EP
What if the servient land of the negative covenant is unregistered (for registration)?
Use a Class D(iii) Land Charge
Why is the 2nd requirement of mutual benefit and burden doubted?
In Halsall, no choice about sea wall
From what case do the three ways of quantification come?
Stack v Dowden
Ree v Lisle
Allow purchase of estate if wholly separate to mortgage
Reid v Bickerstaff on building schemes and benefit of FCs
need a defined area of land and an intention that covenants are for the common benefit of all
What section of the LPA notes a lease is a legal estate?
S.1
What statute applies to taking possession?
Administration of Justice Act 1970, s.36
What case shows s.36 AJA applies even if dwelling is not D’s home and only part of the property?
BoS v Miller
What does s.36 AJA allow?
Court to adjourn proceedings or grant a suspended possession order
CLBS v Flegg
Legal charge for value overreaches if capital sum paid to 2 trustees
Verrall v Great Yarmouth
Court will protect licence against breach by A even if B has not begun to use land
Who gave the essential characteristics of a lease?
Lord Templeman in Street v Mountford
What are the three refinements on Street?
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
S.99 LPA powers of mortgagor
Lease property
Saunders v Vautier
Sole beneficiary of full age and capacity can insist on legal title
Why was there no PE outcome in Coombes?
No detriment
Palk v Mortgage Services on s.91 order of sale
Maybe even if mortgagee seeks possession and proceeds will not pay off mortgage
What case shows that knowledge of impropriety under s.104 LPA does not include selling at a mere undervalue?
Corbett v Halifax BS
Why are there registration issues if DT is dominant land?
requires manually moving E on leasehold to freehold with a time limit
What happens if FCA sourcebook rules are not followed for mortgages?
Revoke licence
White v White
Welfare of minors considered under s.15 TLATA
What does the case of Eves v Eves suggest about actual common intention?
May apply even when promise was not genuine
Re Dolphins Conveyance (building schemes, benefit of FCs)
Only need an understanding of wider community interest
How does one create an equitable lease?
Either failed to register or contract without deed
Newton Abbot v Williamson
Devonia ironmongers
London County Council v Allen
Roadway
Southwark LBC v Mills on LC 1
Lawful possession will not be interfered with, not condition of premises
Ropaigealach v Barclays Bank
Vacant possession so no court order needed and no s.36
Re North East Property Buyers’ Litigation
Argue right arose before any others when used to purchase a house (s.28 LRA)
First penthouse v Channel Hotels
Need intent to be annexed to tenancy or reversion for term to bind successor
How could a vendor use LRA to ensure burden of positive covenants passes upon salle?
S.40 LRA restriction to require purchaser to enter into a positive covenant as part of the purchase
What section shows the application of proceeds from a sale with a mortgage?
S.105
K/S Victoria v House of Fraser
Can create chain of indemnity through AGA
Multiservice Bookbinding v Marden, Lord B-W
‘shock the conscience of the court’
Polo Woods v Shalton-Agar
Easement, to ‘accomodate’, does not have to be needed, just connected and with utility
What is required for registered land with an equitable lease?
Notice to protect the lease
What section gives implied powers into a mortgage made by deed?
S.101 LPA
What does the case of Aspen v Elvy suggest about inferring an agreement as to CT for sole legal ownership?
Not limited to purchase price contributions as suggested by Bridge in Rosset
How can a charge by way of legal mortgage be registered?
S.23 and s.51 LRA
In what case was there suggested to be such a thing as an ‘ambulatory trust’?
Hale, Stack
Who in Oxley v Hiscock said there is overlap between CT and PE?
Lord Bridge
Jaggard v Sawyer on burden relating to land
Using land as a garden
What is the legal maxim which bases all mortgage security?
‘Once a mortgage, always a mortgage’
Why does the decision in Berrisford not overrule Prudential?
Uncertain term still void for companies
Why is there no freehold title in flats?
Burden of positive FC can’t be implied further than original owner
Who showed there is a reluctance to develop new easements?
Phipps v Pears
What section shows mortgagee has a basic right to possession?
s.87 LRA
How can a positive covenant be protected?
Entry of notice (s.32 and s.33 LRA)
What case shows how s.36 AJA may never come to be considered in an order for possession?
Ropaigealach v Barclays Bank
‘No clogs or fetters’ on EoR
Jones v Morgans
In what case did Denning creatively impose a contractual licence?
Tanner v Tanner
Swift 1st v Colin
Power under s.101 with a deed but no registration
What does the CCA 1974 allow courts to do?
grant a time order to extend lender’s enforcement of right to possession and amend/vary mortgage terms
What section of the LPA, before LRA, gave two ways to make a legal mortgage?
S.85
What are the two ways a covenant can be implied into a lease?
Implied in fact (Moorcock, Shirlaw, A-G of Belize) or in law as a feature of all (Shell v Lostock; Liverpool CC)
Silven Properties v RBC
Self-interest, even if conflicts with mortgagor, for appointment of a receiver
Provincial bank v Ainsworth
Personal right; not equitable interest
Why did the four individuals in AGS v Vaughan not have a lease?
No exclusive possession nor joint lease
What section of the LT(C)A ensures anti-avoidance procedures do not work?
S.25
If TO wants to enforce obligation against TA4, what procedures and rights come from it?
Problem notice in s.17 and allow overriding lease under s.18
Tulk v Moxhay
Burden can transmit to successors of an ST, Leicester square
What were the two legal mortgages prior to LRA?
Long lease and charge by deed
Dawson v Dyer
Individual obligation of LC1 without precondition
What section of LPA protects the purchaser even when creditor has breached equitable duties?
S.104
What three circumstances were given in Facchini v Bryson for when exclusive possession would not equal a lease?
No intention to create one, no power to grant a tenancy and agreement to occupy arises from other legal relationship
Sole beneficiary of full age and capacity can insist on legal title
Saunders v Vautier
What else is needed for equitable lease under s.2 other than Chatsworth v Johnson –> SP?
Damages inadequate, clean hands and valuable consideration by person enforcing it
Injunction and specific performance for leasehold covenants?
Against certain breaches, and SP only exceptionally
Re Ellenborough on certain
‘jus spatiendi’
BoS v Miller
S.36 AJA applies even if the dwelling is not D’s home and only part of the property
Machester CC v Pinnock
Personal circumstances increasing effect of eviction may be considered exceptionally
What part of LPA gives rules of a notice?
S.196
What section of TLATA states there can only be a JT at law?
S.36(2)
What are the powers of a mortgagor?
Redemption, lease property, claim possession and apply for an order of sale
What case shows a receiver can act in self-interest even if this conflicts with the mortgagor?
Silven Properties v RBC
Westminster CC v Basson
Public duty and statutory housing
Evidence of detriment gives presumption of reliance for CT of sole legal ownership
Greasley v Cooke
Why did McFarlane, Nield and Hopkins criticise Berrisford?
CL rule creates a terminable life estate no longer legal under LPA and simpler just to remove rule
In what report did the Law Com propose the introduction of ‘land obligations’ instead of positive/negative covenants
No.327
Halsall v Brizell
Estate shared facilities
What does s.3 HRA require of s.87(1) LRA basic right to possession?
Interpreted in a human rights compatible manner
What is the problem with Hale saying we can impute intention for acquisition?
Allows CT to arise without any agreement at all
How were CT and PE distinguished in Rosset?
CT requires discussion before purchase
What case shows that s.36 may occasionally consider personal circumstances increasing effect of eviction?
Manchester CC v Pinnock
Fitzrikston LLP v Panayi
Reasonable market rent for s.54(2) LPA exception
What was the breach of contract found in King v David Allan?
Disabled himself from giving effect to the licence
Laskar v Laskar
Daughter, mother, investment
Since when and what case has there been a rapid development of family homes trusts?
Stack v Dowden, 2007
Who is an example of someone who thought recreation could not ‘accommodate’ the DT?
Theobald “The Law of Land”
Why is a licence not a property right?
No covered in s.1 or s.4 LPA
What is the way mortgages are usually adopted?
Charge by way of legal mortgage through s.23 and s.51 LRA
Barton v Camden
New periodic tenancy if JT stays on and L accepts rent
If a lease is over 7 years, what else is needed in addition to a deed?
Registration under s.27(2) for registered land or s.4(1) for unregistered
What Law Com report suggested abolition of foreclosure for land?
No. 204
Telephone shares; right is for security, so can’t insist on it even if delayed
Cukurova Finance v Alfa Telecom
What would have been the outcome if Stack had applied in Laskar?
Presumption would have been rebutted of equitable following legal interests
Federated Homes v Mill Lodge on s.78(1) LPA
Annexes all positive and negative benefits of FC
Where are AGAs covered under LT(C)A?
S.16
Greasley v Cooke
Evidence of detriment gives presumption of reliance
Newton Abbot v Wiliamson on requirement 1 of burden of negative FCs
Not use premises as ironmongers
When will courts not enforce a contractual licence and A’s duty not to exclude B?
When inappropriate (arguing), so damages
How can a creditor appoint a receiver?
Express power in agreement or through s.101 LPA
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 notice (Leasehold Property (Repairs) Act 1938)
Smith v Marrable
Furnished premises must be fit for habitations
What Report of the LC recommended the obligation not to commit waste be replaced by implied covenant to ‘take proper care’?
Report no.238
Why was an injunction not given in Jaggard?
Too oppressive
Jones v Morgans
‘No clogs or fetters’ on EoR
Midland Bank v Kidwai
No liability for undue influence if C ignored advice
What section of the LPA allows a mortgage of land to be made by mortgage or long lease?
S.85(1) and s.87
What were the exceptional circumstances Templeman gave in Street when exclusive possession would not equal a lease?
No intention to create legal relations (e.g. family: Jones v Padavatton, Danckwerts LJ) or employment contract
Kay v London Borough of Lambeth (Scott)
‘Non-estate tenancy’ of Bruton
Anneveld v Robinson
Secured creditors’ interests: large mortgage. S.15 TLATA
Who went even further in Oxley and said ‘no difference in outcome’ between CT and PE?
Chadwick LJ
What case shows a power of sale and good faith means to discharge the debt?
Downsview Nominees v First City Corp
BHP Petroleum v Chesterfield
Core term can be expressed to be personal
Newton Abbot v Williamson on requirement 3 burden negative GC
Upjohn thought no compete clause benefits owner and land - need to affect ‘either the value… or the method of its occupation’
Laskar v Laskar on family home
Stack has no application to property for investment
What did Hale say obiter in Stack?
Express/inferred/imputed applied to both quantification and acquisition
Rodway v Landy
Doctors; surgery
Why was it decided there was a CT for widow in Binions v Evans?
Purchaser took the land subject to her right; lower price etc, so gained new property right against purchaser
Where do the requirements for an easement come from?
Lord Evershed MR in Re Ellenborough Park
What is a possible contractual solution to the timing issue for benefits of FCs in building schemes?
S.56(1) LPA (need a deed) and s.1 C(RoTP)A
What case suggests a temporary act on a tenants share may amount to severance?
First National Security v Hegerty
How can the benefit of an FC be annexed expressly?
Seller says at some point the benefit is to run with the land
Morrells Oxford v Oxford United requirement 2 burden negative FCs
‘Rebuttable presumption’ that covenants are intended to run
Collateral advantages allowed to mortgage is reasonable and not a fetter on redemption
Santley v Wilde
Tanner v Tanner
Twins; children
Berrisford v Mexfield
Housing cooperative
What is an equity of redemption?
Equitable property rights of value of land, less amount owed
Bostock v Bryant
Fluctuating utility bill too uncertain for rent
Wood v UK
ECtHR accepted s.87(1) is proportionate so no Art.1 or 8
Palk v Mortgage Services
sit on property; bank cannot act at mortgagor’s expenses
Warren v Keen on TC1
‘Little jobs… which a reasonable tenant would do’
Why did the government reject the TR1 form being compulsory?
Goes against their anti-regulatory agenda.
When is rent sometimes needed for a lease?
Statutory protection
Hammond and Fulham v Monk
Only one JT need give notice under a periodic tenancy
William Old International v Arya
No positive burden on ST owner (easements)
Bristol & West BS v Ellis
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)
What was it suggested is not sufficiently certain to form the subject matter of a grant of E?
Re Ellenborough - no ‘jus spatiendi’; Re Aldred - ‘good view’
Good Harvest v Centaur
Obligation requiring existing guarantor to guarantee obligations of TA is void
What section of the LRA shows the two ways to make a legal mortgage of registered land?
S.23(1)
What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?
Sch.14 s.145 LPA
What case showed that courts will only exceptionally require the creditor to permit the debtor to retain possession?
Cheltenham & Gloucester v Booker
Jones v Kernott on family home
No presumption of RT from unequal shares in deposit if romantic relationship
What is the remedy for covenants are personal contactual obligations?
Can be enforced at law OR equity (claim in damages)
What did Hale say instead in Jones about presumption of JT in law being JT in equity?
It will be presumed when there is an ‘emotional and economical commitment to a joint enterprise’
What are the three Landlord covenants?
Quiet enjoyment, no derogation from grant and fitness for human habitation
How can the difficulties of freehold covenants be avoided?
s.16 Commonhold and Leasehold Reform Act 2002
From what case is the proportionality test that should be applied to s.87(1) LRA by virtue of s.3 HRA?
De Freitas v Permanent Secretary
Oxley v Hiscock
CT and PE
Wilkinson v Kerdene
Holiday cottage
Federated Home v Mill Lodge on requirement 1 of burden of negative FCs
Not build more than X houses
What leases automatically override without registration?
Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)
Re King
Assignor used to lose right to sue for breach prior to assignment
What does Halsall v Brizell say about mutual benefit and burden?
You can receive the benefit if you take on the burden of the positive covenant
What two cases conflict on the nature of a lease/licence and rights of action?
Hunter v Canary Wharf; Manchester Airport v Hutton
What two radical reforms did the Law Com propose in “Trusts of Land”, criticised by McFarlane?
Limit severance to statutory method and enable severance by will.
Who said Street can only be justified (on a term certain) through a utility perspective?
Hill
What case shows collateral advantages may be allowed to continue past redemption if they don’t attach to the land?
Kregliner v New Patagonia Meat Co
Who said a ‘chance was missed… to establish the 1995 Act as a self-contained scheme’, and is another ‘example of piecemeal intervention’?
Dixon
How did Wilkinson v Kerdene stretch requirement 1 of mutual benefit and burden?
stretched conditionality so you only need to receive part of the benefit to be liable for entire burden
Warren v Keen on TC2
‘Tenant-like mannner’
What does Law Com No.204 suggest about taking possession?
Statute should recognise creditor can only take possession with a court order
Prudential Assurance v London Residuary
Road widening; void lease
What two judges in Stuck argued for a constructive trust for family homes?
Walker and hale
Binions v Evans
Constructive trust for widow
What case shows the normal law of frustration applies to leases?
National Carriers v Panalpina
Why was it decided in London Diocesan that the head leasor was not liable after assignment?
Created own exit route; s.25, 6 and 8 not meant to override any decided exit route
What is the problem with foreclosure?
Contracts basic rule that right is only to secure performance
What are the three requirements for the burden of a negative FC to run?
Relates to land, intended to run, dominant land capable of benefitting and negative covenant
In what case and by who were the two requirements to prove CT for sole legal ownership given?
Lloyds Bank v Rosset by Lord Bridge
What is an equitable right to redeem?
Right to pay after legal date of redemption
Thames mead Town v Allotey requirements for mutual benefit and burden
Benefit is conditional on performing burden and you have a choice about whether to accept
What section covers the court’s discretion to order a sale for mortgages?
S.91 LPA
What two cases show the issue of a ‘scintilla temporis’ in priorities of a mortgage?
Abbey National v Cann; Re North East Property Buyers’ Litigation
Abbey National v Cann
Unencumbered fee simple
What shows a reluctance to abandon touch and concern in First Penthouse?
Said expressed to be personal or by substance it is
What case gave the requirements for mutual benefit and burden?
Thames mead Town v Allotey
Downsview Nominees v First City Corp
Exercise power of sale in good faith (i.e. to discharge the debt)
What appears to diminish s.8 AJA somewhat?
‘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
What is an action for damages limited by in leasehold covenants?
Amount L’s interest has been diminished
What is required for an equitable lease?
A contract for the purposes of s.2
What two cases show a bank must take reasonable care to achieve a reasonable price?
Silven Properties v RBS; Cuckmere Brick v Mutual Finance
What case shows powers under s.101 LPA arise even without registration?
Swift 1st v Colin
How are trusts implied?
Resulting or constructive
What did Dixon say of s.15 TLATA?
‘Indications of a general approach’ and is an ‘aid to the exercise of discretion’ in determining intention
Cres Nicholson Residential v McAllister
Deed must describe land so it would be easily ascertainable for s.78(1)
Who said that requiring a JT for a lease cannot be justified doctrinally?
Sparkes
Unencumbered fee simple
Abbey National v Cann; Re North East Property Buyers’ Litigation
Coombes v Smith
Affair, children
Where does the ‘touch and concern’ requirement come from?
Spencer’s Case
Hunter v Canary Wharf
Tort of nuisance needs property right (i.e. not a licence)
Where is the meaning of ‘sums due’ for s.36 AJA?
S.8
Cukurova Finance v Alfa Telecom
Telephone shares; right is for security, so can’t insist on it even if delayed
Re Palmer
Involuntary acts give notice from declaration of bankrupty
What is needed for a lease that doesn’t satisfy s.54(2)?
A deed
What LC Report prompted LT(C)A?
Report No.174
Southwark LBC v Mills on LC2
Little difference between LC1 and LC2
Jaggard v Sawyer
Cul-de-sac covenant for garden
What does Jaggard v Sawyer give as the default remedy for freehold covenants?
Injunction
Kregliner v New Patagonia Meat Co
May allow advantages to continue past redemption if don’t attach to land
What case can be contrasted with Newton Abbot to highlight the difference between easements and FCs?
Hill v Tupper –> only benefitted business, not land
What is required for unregistered land with an equitable lease?
Registration or will not bind
Reid v Bickerstaff on duties for benefit of FCs
Not required that all owners are subject to the same duties
Duke v Wynne
Insert others
King v David Allan
Cinema wall
What is s.101 LPA regulated by?
S.103 LPA
Harris v Goddard
Need immediate intention to sever
When does s.36 AJA apply?
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
Hussein v Mehlman
Lease is no different to contract; can accept repudiatory BoC
What case shows that the courts will see multiple documents as one for unity of title?
Antoniades v Villiers
Eves v Eves
‘This will always be your home’
What are the four unities of coownership?
Unity of title, time, possession and interest
How can a covenant be created?
Signed writing (s.53(1) LPA) and signed contract (s.2LP(MP)A) or proprietary estoppel
Walsh v Lonsdale on equitable leases
Beats periodic tenancy
What sections of the LPA cover foreclosure?
S.88(2) and s.89(2) LPA
What section of LT(C)A solves ‘touch and concern’ issue?
S.3, expressed to be personal
Why did Denning’s citation of Bannister (brother in law, rent free) and Binions in DNH not work?
The CTs in those cases arose later as a result of a later promise by the successor
Thompson v Park
School
Roake v Chadham
Cannot be excluded because allowance for contrary intention in s.79
What case shows that notice of severance is given upon declaration of bankruptcy?
Re Palmer
Kinch v Bullard
Need not see notice of severance, just delivered
What did the court in Prudential comment about the requirement of a term certain?
‘Ancient and technical RoL’
What did Smith say about JT?
Abolition unlikely to help; TC still requires updating of will
What did Pascoe say about s.12 TLATA?
Consistent with method of the trust emphasising use rather than investment value of land
What are the three ways to consider quantification for sole and joint legal ownership?
Actual, inferred and imputed common intention
What is the statutory method of annexation for the benefit of an FC?
S.78(1) LPA
Goodman v Gallant
‘Conclusive’ declaration of an express trust
What section shows a receiver is an ‘agent’ of the mortgage?
S.109 LPA
What did the Law Commission suggest about a TR1 form?
Should be compulsory
Cheltenham & Gloucester v Booker
Courts appear to take into account the whole mortgage when deciding ‘reasonable period’ for s.8 AJA
Corbett v Halifax BS
S.104 does not include mere undervalue
what is the contractual method for transmitting burden of positive FC?
Chain of indemnity through a contract
Why was Coombes a PE case?
D already owned the house
What is it called when one JT kills another and is no longer able to claim their full share?
Forfeiture
What case shows all four unities are needed for a JT and a lease?
AGS v Vaughan; Antoniades v Villiers
Who suggested a ‘tenancy by estoppel’ could have been used in Berrisford?
Routley
Name three sources of regulation for mortgages
FCA Sourcebook on Mortgage and Home Finance; Financial Services and Market Act 2000; CCA 1974
Re Ellenborough Park on ‘accomodate’
Geographical part to test, and recreation productive and beneficial
What were the two steps taken in Berrisford?
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
Why were the court persuaded to grant s.91 LPA in Palk v Mortgage Services?
debtor in negative equity and bank’s actions ‘unfairly prejudices’ them
Chartered Trust v Davies
L can breach LC2 by failing to prevent nuisance of other tenants that makes premises materially less fit for purpose
What four things protect the equity of redemption?
Rule against irredeemability, mortgagee attempts to purchase are void, unfettered redemption and unconscionable terms/unreasonable interest rates
Manchester Airport v Hutton
Trees; no distinction between occupation and possession, allowing licence to = action against protestors
Who said that rebutting ‘equity follows the law’ is not a ‘task to be lightly embarked upon’?
Hale, Stack
What do Rosset and Stack suggest about the dual role of a purchase price?
Can be used to prove intention and detriment for CT under sole legal ownership
S.91 LPA powers of mortgagor
Redemption, order of sale
AG Securities v Vaughan
Together licence
How did leasehold estate mortgages differ from freehold prior to LRA?
Long lease under s.85 LPA would be for 10 days less than borrower’s own lease usually
When is there a more expansive notion of ‘family home’ than in constructive trusts?
Proprietary estoppel.
What does the FSMA 2000 regulate?
First legal mortgages secured against individual borrower’s home
S.98 powers of mortgagor
Claim possession
In what case did Lord Kerr call imputed common intention ‘fiction’
Jones
Ashburn Anstalt v Arnold
CoA rejected that CL gives rise to CT, a proprietary right that can bind successors
