Questions Drill Flashcards
When does a first mortgage trigger a compulsory first registration of an unregistered leasehold?
If there is more than 7 years left to run on the lease
If a property is held on trust by a couple and the wife wants to sell, how can she?
Unanimous consent is required but wife can obtain an order of sale from the court allowing the sale without the consent of the husband.
If someone says I transfer this property to you when you are 21, has the property been transferred?
No, transfer needs to be immediate. A trust has been created for the benefit of the transferree.
Where can an option to purchase unregistered land be registered to protect the interest of the option holder?
As a Class C(iv) Land Charge
Is restrictive covenant a legal interest?
No, it is an equitable interest.
What are the legal interests which can subsist on land?
Easement and Mortgage
A man and woman owns property as joint tenants, the man executes a declaration of trust in favour of his friend. What happens to the trust?
Man and woman hold the property on trust for the woman and man’s friend as tenants in common in equal shares. The man acted on his own share by executing a trust deed, which severed the joint tenancy.
Hollie executes a trust to transfer real property to Erin to hold in trust for Amy, who needs to execute the deed?
Hollie and Erin. Land register requires the transferee to sign.
Your flat flooded because of a drainage problem in the flat of another you share a wall with, which is the better option and why to access the premises? Access to Neighboring Land Act or Part Wall?
Party Wall - because it requires a notice only and the other guy needs to respond within 14 days.
Access to Neighboring Land Act - you need court order.
Which covenants can be enforced in equity?
Negative.
Is a covenant to not allow a joint house exterior to fall into despair enforceable?
Yes only by the original party to the deed that includes the covenant. Because although the negative language, it is a positive covenant.
What type of leases count as overriding interest?
a legal lease for seven years on market rate and including parol leases
What are overriding interests?
Interests that bind a purchaser of unregistered land where he is not aware of their existence.
Where is a right of light registered?
Property Register
What is the exception to payment to 2 trustees rule to overarch equitable interest?
If the sale of the property was done by a Personal Representative of the estate of the deceased.
Can an easement for an uncertain period be granted?
Yes but only in equity.
Can restrictive covenants be legal?
No they only exist in equity.
What is a quasi easement?
something that could become an easement if the two pieces of land come to separate hands.
What type of easement does Wheeldon v Burrows allow?
Implied easement.
What is the Wheeldon v Burrows rule?
on a sale of part of a property, there will pass to the grantee as easements all quasi-easements that are continuous and apparent or in other words necessary to the reasonable enjoyment of the part sold and have in fact enjoyed by the owner of the property for the benefit of the part sold.
Which part of the land should be sold in order for the Wheeldon v Burrows rule to apply?
When the owner disposes only the part of this land which is benefited but retains the land which is burdened.
How should the quasi-easements be in order to pass to the acquirer?
- apparent: visible from the physical inspection of the land (i.e. worn path)
- continuous: regular in use
When does an easement of common intention happen?
When there is a common interest (i.e. apartments)
What is an easement implied by s. 62 LPA 1925?
All existing benefits (including easements) will pass, automatically with conveyance without express mention of them being made in conveyence.
Ex: you were using coal shed of landlord, when renewing the lease landlord demands 10 eur pm. This is not possible
Can implied easements pass to the second lease by s. 62 LPA?
s. 62 LPA only operates to imply easements into conveyances. There would be no “conveyance” is the lease was parol or in equity. It. has to be legal
When can an easment be implied by law?
- after use of sufficiently long time i.e. 20 years;
enjoyed “as of right”:
1- without force;
2- without secrecy;
3- without permission.
Hollie is a dentist, rents upstairs to Pete, puts in the lease a covenant not to do dental surgery, Hollie sells to Erin, Pete then does dental surgery. How can Erin enforce?
Erin can only enforce the covenant against Pete under the doctrine of privity of estate. Erin is freeholder, Pete is leaseholder. The lease got automatically assigned to Erin.
Can a burden of a freeholder run at law to other?
No, it is not possible for any covenant to run at law in a freehold conveyance.
In Equity, which covenant is capable of being passed between freeholders?
The burden of a restrictive covenant.
Can leasehold covenants pass in law or equity?
Yes, leasehold covenants may pass both in law and equity, burden or benefit.
How does a burden of a restrictive covenant in relation to freehold title pass?
1- must be restrictive in nature
2- must touch and concern land
3- must be imposed to have benefit of the of the land of the original covenantee
4- burden of the covenant must be intended to run with the land
5- registration.
can the assignee of a lease enforce covenants?
Yes both positive and negative
If the original covenantor remains on land but the covenantee changes, can the new holder of the benefiting estate enforce all covenants?
Yes, as long as they touch or concern land.
What is the exception to a positive covenant passing in law?
Halsall v Brizell, when both parties derive benefit from it (i.e. contributing to the maintenance of a common driveway).
What is the difference between a mortgagee appointing a Receiver and take possession of the property?
A receiver is an agent of the mortgagor that would collect profits but not take possession therefore it will not take over any liability. Possession would take over liability.
what is the difference between foreclosure and power of sale in relation to a mortgage?
With foreclosure bank takes over the ownership of the property and any shortfalls are written off. With power of sale, the mortgagors remain owners and mortgagee sells the house, they remain liable for any shortfalls under the deed.
What happens to interests, charges, rights etc. on the estate when a Mortgagee makes use of its power of sale?
All interests are overreached.
How to do insolvency checks on James?
You would carry our a Land Charges search in Jame’s name. The Central Land Charges Registry holds all bankruptcy orders.
Where are mortgages registered?
HM Land Registry
Can a bank exercise its power of sale without a court order?
Yes
Can a bank exercise its power to take possession of a defaulting mortgaged property without court order?
Court order needed if property is occupied, if not no court order needed.
What happens if a joint tenant goes bankrupt?
It severs joint tenancy but only for itself
can you use a gift as root of title when deducing title on unregistered land?
No as gift is for no consideration, certain beneficial interests would have not been overreached as opposed to a transfer for value.
can you have tenants in common in law?
No. It is only possible in equity.
what is the minimum amount of years of conveyances should you display to be good root of title?
15 years.
What is a “good leasehold” title?
When the landlord’s title is not registered with absolute title or is unregistered and there is no evidence to confirm that the lessor was entitled to grant the lease.
What is a “qualified leasehold” title?
When the title of the landlord is defective.
What are the characteristics of a lease that can override interests in a conveyance?
A lease less than 7 years and is a legal lease.
Are unregistered easements over registered land binding on a subsequent purchaser?
No unless created by an implied or presumed grant.
Phil and Crystal live on the same building on Phils name and is unregistered. Phil sells and Crystal moved out. Phil and crystal split mortgage bills. What happens?
Crystal’s interest does not override the transfer as she was not in actual occupation of the property. However, her interest has not been overreached because the monies have only been paid into one trustee.
Myra grants Pam a right of way. Where should Pam register the agreed notice?
On her own title on Property Register and on Myra’s title on Charges Register
When do equitable easements happen and do they override the registered disposition?
Equitable easement is when the legal easement is not registered with the land registry and they do not follow the disposition to another person.
What is a registered Caution?
A caution against first registration is used to get notified of a first registration on an unregistered land.
What are the statutory requirements for terms of leases and start dates?
1- has to have a max period (i.e. until such time as required for further development wording is enough does not have to be numbers)
2- 21 years after the date of the grant
What are the terms for a valid parol lease?
- max 3 years
- market rent
When is it the landlord’s responsibility to maintain the equipment required for space and water heating in a lease?
When the lease is less than 7 years and there is no option to renew the lease.
What is a C(i) Land Charge?
puisne mortgage i.e. 2nd rank
What is a C(iii) Land Charge?
equitable charges, i.e. informal mortgage
What is a C(iv) Land Charge?
estate contracts - option to purchase, right of pre-emption, equitable lease
What happens when a landlord acquires tenant’s leasehold interest?
the leasehold estate will be terminated by surrender.
What happens when a tenant acquires landlord’s leasehold interest?
The leasehold will terminate by merger.
What is the actual status of a lease expressed to terminate on death, marriage or civil partnership?
Such leases shall be converted to a 90-year tenancy determinable on notice served after the specified event.
What happens when you try to sublet an apartment but forget to keep a reversionary interest? i.e. You have 8 years left on a 10 year lease, you put 10 years in the sublease as term.
You assigned your lease.
What is the difference between a breach of a covenant for quiet enjoyment vs not to derogate from grant?
- quiet enjoyment involves physical interference with the demised premises
- landlord’s actions on his own land preventing the use of the demised premises for the purposes they were demised amounts to a breach of the implied covenant not to derogate from grant.
Can leaseholders claim easements?
No, easements can only be claimed by a leaseholder from another.
Can you register a legal lease of less than 7 years?
No
Do you need to register a legal lease of less than 7 years for it to have overriding interest?
No
Where are the rights benefiting property registered?
Property Register
What is the technical name for a leasehold estate in land?
Term of years absolute.
What is the minimum period to claim a right to light?
20 years
Do you need to disclose a paid off mortgage when producing root to title?
Yes, to verify its properly paid off
Do you need to disclose a lease which was forfeited when producing root to title?
Yes, to verify its validly terminated.
What is a class F land charge
It allows for the registration of matrimonial home rights i.e. spouse
What is the deep-level where you can drill for free?
deeper than 300 meters
what is a profit a prendre in gross?
in gross means a freestanding right not attached to the ownership of any particular piece of land
what is a profit a prendre appurtenant
the right to profit is attached to the ownership of land
what is a profit a prendre in common vs in several
in several severs others, i.e. excludes, in common means others can also enjoy the profit.
Should profits a prendre need to be registered?
In order for profit a prendre to operate in law, it must be registered at the land registry.
What are the conditions for a legal profit a prendre that is registerable at the land registry?
exists in its own right and not be annexed to ownership of other land (should be gross not appurtenant)
held in fee simple for a term of years with more than 7 years unexpired
Granted by deed
be in respect of something which is capable of ownership
Can a right to take out water be a profit a prendre?
No, water is not capable of being owned, it is a natural feature
Where can a profit a prendre of less than 7 years be registered?
As a notice in the charges register
Where is a legal mortgage in a registered property registered?
Charges Register of the borrower’s title
Where can you find the past purchase prices of properties?
in the proprietorship register - not property register
If 3 business partners of a partnership buy office space each paying 50k of 150k purchase price how are they holding in law and equity?
joint tenants in law and tenants in common in equity because the property is bought for use in a business partnership. Commercial partners are presumed not to intend to divest their entire share in a partnership in favour of other partners. The presumption is that they have opted to retain distinct shares.
if 3 brothers each pay 100k to 300k purchase price, transfer deed says they purchased the property in “equal shares” how are they holding in law and equity?
joint tenants in law and tenants in common in equity because they have expressed their intention to sever equitable ownership. They used words of severence i.e. “equally, in equal shares, to be divided between, one half each” etc.
what happens if 6 buyers each contributing same amount buy a property while stating they are beneficial tenants in common?
six persons are tenants in common in equity, first four who are named in the transfer deed will hold the legal estate upon trust for themselves and for others. max legal owners is 4, no restriction in equity
how can a sale of a family home be delayed during bankruptcy?
Within one year, up to one year to allow new living arrangements for the family
after one year, in special circumstances only
How can you register the severance of joint tenancy in equity?
1- form SEV (application to enter Form A Restriction)
2- certified copy of the notice of severance
3- a signed acknowledgement of receipt by other registered proprietor
How can you merge the freehold and leasehold titles of same property?
Expressly apply for merger, by applying for cancellation of the notice of the lease or closure of the registered leasehold title. For reversionary freehold estate to occur, there must be a clear intention to merge.
does the interest of a beneficiary need to be registered to take effect?
No, but you can register Form A Restriction in the Proprietorship Register in order for it to have 3rd party effect.
