QUIZ

Question 1

How are easements created

Answer 1

Grant or reservation

Question 2

3 ways an easement is created by grant

Answer 2

Implied grant
Express grant
Presumed grant or prescription

Question 3

What is an express grant

Answer 3

Expressly agreed to in writing

Question 4

What is a implied grant

Answer 4

Created by necessity or common intention
Necessity is Nickerson v barraclough- must be necessary for the easement
Common intention shown between the parties for easement to exist - Liverpool city council v Irwin

Question 5

What are the common factors of wheels on v burrows and when will it be implemented

Answer 5

Where sole owner sold off part of his land. 
Previous union of sole owner 
Exercising a quasi easement 
Right is continuous and apparent 
Necessary for reasonable use of the land

Question 6

Easement requirements to be created under s62

Answer 6

With diversity of ownership and occupation…
Must have been a conveyance
Permission given to the occupier

Without ownership and occupation…
Right continuous and apparent
Benefits the land conveyed

Question 7

Easement characteristics under RE Ellenborough Park

Answer 7

1) dominant and servient tenement
2) benefits dominant tenement
3) diversity of ownership and occupation
4) capable of forming a subject matter of grant
5) does not require the expenditure of money
6) sufficiently definite
7) similar to existing easements

Question 8

What is no exclusive possession and the case

Answer 8

No exclusive possession is where an easement can not prevent the land owner from use of their land. Copeland v greenhalf

Question 9

Ways an easement can be granted through prescription

Answer 9

Prescription Act 1832
Doctrine of notice of lost modern grant
Common law

Question 10

Ways to claim a right through presumed grant or prescription

Answer 10

Use for 20 years or more
User of right
Right has been used continuously
Freehold owner is claiming from another freehold owner

Question 11

What is reservation

Answer 11

When a sole owner sells a piece of their land but retains a right over the land sold

Question 12

What is profit a prendre and an example of one

Answer 12

Rights to someone else’s land for the purpose of produce or soil. For example fishing rights

Question 13

How may an easement be terminated

Answer 13

Release
Statute
Unity of ownership and possession

Question 14

What is the difference between covenantor and Covenantee

Answer 14

Covenantor- has the burden to maintain the covenant

Covenantee- has the benefit is the covenant is breached and can enforce

Question 15

What is privity of contract

Answer 15

Agreement is always enforceable between original covenantor and Covenantee

Question 16

Common law - does benefit run? Name case

Answer 16

• does covenant touch and concern the land
• does the original Covenantee still own the land
• was it intended to pass with the land
• successor in title derived from the original covenantee?

CASE: Smith and snipes hall v river Douglas

Question 17

Common law- does the burden run?

Answer 17

Rhône v Stephens - benefit of the covenant will not run with the land

Question 18

Equity- will the benefit of the covenant run?

Answer 18

• does it touch the land?
• is it annexed to the land of Covenantee (ROGERS v HOSEGOOD)
• expressly assigned to successor in title
• land is part of a building scheme

Question 19

Equity- does the burden of the covenant pass?

Answer 19

Tulk v moxhay

• negative covenant
• intended intended to pass with the land
• dominant and servient tenement
• benefits dominant tenement
• notice if served of covenant

Question 20

Discharge covenant or vary under Upper tribunal land chamber

Answer 20

Obsolete - changes to character of property or neighbourhood

• continued existence of the covenant prevents reasonable existence of land

Question 21

3 types mortgage

Answer 21

Repayment- monthly contributions to the capital loan and interest over fixed term. Usually 25 years. Comes to an end the mortgage is repaid in full
Endowment- payment of instalments to interest only, usually endowment policy taken out to coexist with mortgage. Payments for policy usually pay off the capital loan when comes to an end.
Pension- mortgage for those who are self employed so they get the benefit of the pension at the end

Question 22

How is a legal mortgage for unregistered land created

Answer 22

s85 LPA- for a term of years absolute or by deed

Question 23

How is a mortgage protected

Answer 23

By expressly staring the property has been charged which reflects on the register

Question 24

What is the legal date of redemption

Answer 24

Date whereby the full loan is to be paid in full

Question 25

What is equity in redemption

Answer 25

the right to repay the mortgage in full -equity of redemption

Question 26

What is clog in equity

Answer 26

If a mortgagor is prevented from exercising their equitable right of redemption.

Fairclough v Swan Brewery

Question 27

How is the possession of sale exercised

Answer 27

S101 order for possessions of sale
S103 is exercising possessions of sale.

Can only be done if the mortgagor is
2 months in arrears for interest payment.
3 months has passed for notice to pay capital loan
Any breach of any term

Question 28

2 remedies available to mortgagee for non payment

Answer 28

Possessions of sale
Action in debt
Foreclosure