Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Y2 > registered land > Flashcards

registered land Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Law of Property Act (LPA) 1925, s205(1)(xx)

A

“Property” includes any thing in action, and any
interest in real or personal property.

Land is real property, ‘realty’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Law of Property Act 1925, s 1(1)

A

Legal Estates: s 1(1)
The only estates in land which are capable of subsisting or of being conveyed at law are –
(a) An estate in fee simple absolute in possession (freehold);
(b) A terms of years absolute. (leasehold)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

LPA 1925 s 1(2)

A

The only interests or charges in or over land which are capable of subsisting or of being conveyed at law …

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

LPA 1925 s 1(3)

A

All other estates, interests, and charges in or over land take effect as equitable interests.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Sen v Headley [1991] Ch 425

A

Title deeds are … the essential indicia of title to unregistered land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Registered Land definition

A

‘[T]o describe land as ‘registered’ means that the title to it…is entered in a register maintained by HM Land Registry’.

Matrtin Dixon, Modern Land Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Williams & Glyn’s Bank v Boland [1981] AC 487

A

The system of land registration, as it exists in England … is designed to
simplify and to cheapen conveyancing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Ruoff Principles of Registration

A

The Mirror principle

The Curtain principle

The insurance principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The Mirror principle

A

The register should be a complete and accurate reflection of the state of the title to land at any given time.’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When did the Land Registration act 2002 come into force?

A

13 October 2003

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

LPA 1925, s 1(1)(a)

A

Freehold - an estate of unlimited duration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

FR1

A

First land registration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

LRA 2002, s 4

A

Compulsory first registration

transfer of a qualifying estate

grant out of qualifying estate for a term of 7 or more years

or creation of first legal mortgage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

LRA 2002, s 3

A

voluntary registration section

can also get reduction in registration fees

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

LRA 2002, s 9(2)

A

Absolute title of a freehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

LRA 2002, s 9(5)

A

Possessory title of a freehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

LRA 2002, s 9(4)

A

Qualified title of a freehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

LRA 2002, s 10(2)

A

Absolute title of the leasehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

LRA 2002, s 10(3)

A

Good title of the leasehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

LRA 2002, s 10(6)

A

possessory title of the leasehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

LRA 2002, s 10(5)

A

qualified title of the free hold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Absolute Title of the Freehold

A

The estate is vested in the proprietor will all interests subsisting for the benefit of the estate.

subject to interests entered on the register, interest that aren’t registered but fall under section 1, interests acquired under the limitation act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

LPA 1925 s205(1)(ix)

A

“Land” includes land of any tenure, and mines and minerals … buildings or parts of buildings and other corporeal hereditaments, also a manor, an advowson, and a rent or other incorporeal hereditaments, and an easement, right, privilege, or benefit in, or over, or derived from land …

24
Q

Effect of non registration of land charges

A

it does not operate in law until registered

25
Q

sources of land law

A

3 sources

1) common law
2) equity
3) statute

26
Q

HM Land Registry, Annual Report and Accounts 2018/19 (2019)

A

25.5 million registered titles

Registered land in England and Wales: 86.6%

27
Q

Law of Property Act 1925, s 44(1) (as amended by Law of Property Act 1969, s 23)

A

Good root of title is 15 years

28
Q

LRA 2002, s 27

A

registrable interests regulation

grants of legal charges

if not registered will be equitable not legal

29
Q

Legal easements form?

A

Form AP1

details of easement will be transferred into the chargers register (the servant Tennant) and the property register (dominant tennant)

30
Q

Legal mortgages registration form?

A

CH1 - enters into the charges register

31
Q

List of interests

A

restrictive covenants, equitable easements, estate contracts, home rights

32
Q

Notices

LRA 2002, ss 32-39

A

A notice is an entry in the register in respect of the burden
of an interest affecting a registered estate or charge.

33
Q

Agreed Notices form

A

Form AN1

34
Q

Unilateral Notice form

A

form UN1

35
Q

The Effect of Notice

A

LRA 2002, s 29(2) … the priority of an interest is protected -

(a) … if the interest
(i) is … the subject of a notice in the register

36
Q

FamilyLawAct1996

A

Act to deal with Home rights

37
Q

FLA 1996, s 30(1)

A

(a) one spouse or civil partner is entitled to occupy a dwelling-house by virtue of -
(i) a beneficial estate or interest or contract; [and] (b) the other spouse or civil partner is not so entitled.

38
Q

Substance of home rights

A

if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by [the owning spouse or civil partner]

39
Q

Substance of home rights

A

if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by [the owning spouse or civil partner]

unless ordered by a court under s33

40
Q

What are Home rights?

A

An intertest protected by entry

41
Q

What are Home rights?

A

An interest protected by entry

42
Q

Land registry form for home rights?

A

Land registry form HR1

43
Q

Restrictions

A

A restriction is an entry in the register regulating the circumstances in which a disposition of a registered estate or charge may be the subject of an entry in the register.

44
Q

what can a restriction do?

A

(b) prohibit the making of an entry -
(i) indefinitely
(ii) for a period specified in the restriction, or (iii) until the occurrence of an event so specified.

45
Q

Land Registration Act 2002

schedule 1

A

Unregistered Interests Which Override First Registration.

46
Q

LRA 2002 Schedule 3

A

Unregistered Interest Which Override Registered Dispositions.

leases of under 7 years: overrides unless a lease the grant of which constitutes a registrable disposition.

47
Q

Legal easements that override exceptions

A

(a) is not within the actual knowledge of the person to whom the disposition is made, and
(b) would not have been obvious on a reasonably careful inspection of the land over which the easement … is exercisable.

48
Q

LRA1925,s70(1)(g)

A

An interest belonging at the time of the disposition to a person in actual occupation,

49
Q

Strand Securities Ltd. v Caswell and Another [1965] Ch 958

A

No over riding interest as he was not in actual occupation of the flat

50
Q

Abbey National Building Society v Cann and Another

[1991] 1 AC 56

A

involve some degree of permanence and continuity

51
Q

Thompson v Foy [2010] 1 P & CR 16

A

There must be actual occupation both at the date of the disposition and also at the time of registration.

52
Q

Chhokar v Chhokar and Another [1984] FLR 313

A

Temp absence

Continuing presence of wires furniture was enough to indicate occupation

53
Q

Hoggett v Hoggett (1979) 39 P & CR 121

A

Temp absence

Going to hospital for a few days could not be regarded as going out of occupation

54
Q

Link Lending v Bustard [2010] EWCA Civ 424

A

The degree of permanence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the property and the reason for it

55
Q

Stockholm Finance Ltd v Garden Holdings Inc [1995] LTL

A

There must come a point at which a person’s absence from his house is so prolonged that the notion of his continuing to be in actual occupation of it becomes insupportable.

Law Y2 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions