Revision Notes

Question 1

What are the legal estates and where are they listed?

Answer 1

S1(1) LPA 1925

1) An estate in fee simple absolute in possession
2) A term of years absolute

S1(5) both estates can exist at the same time

S1(6) a minor cannot hold a legal estate in land

Question 2

What are the legal interests and where are they listed?

Answer 2

S1(2) LPA 1925 - reduced the legal interests to 5

1) Easements (must be perpetual or term of years) S1(2)(a)
2) Rentcharges (perpetual or term of years) S1(2)(b)
3) Mortgages S1(2)(c)
4) similar charge S1(2)(d) - not relevant
5) Right of entry attached to a lease/rent charge S1(2)(e)

Question 3

To be legal, a right must be made by deed, but what is the authority for this?

Exceptions?

Answer 3

S52 LPA 1925 or rights created by statute or under the common law exceptions

Leases of less than 3 years are excluded from the requirement of S52 under S54(2) LPA 1925

Question 4

Any rights set out in S1(1) or S1(2) not created by deed (except short leases under S54(2) or rights not referred to in those sections, such as an easement for life or a restrictive covenant can only be equitable under what section?

Answer 4

S1(3) LPA 1925

Question 5

Does the doctrine of notice still apply in unregistered land?

Answer 5

Largely superseded by the requirement of registration under the LCA 1972

Prior to 1926 equity’s darling could take free of equitable interests provided he was a purchaser for value of the legal estate (cave v cave) without notice of the equitable interest

Since LCA 1972 interests should now be registered as land charges

S199 states that if you have an interest that should’ve been registered but wasn’t then it will not bind a buyer regardless of whether the buyer had notice of the interest- Hollington Bros v Rhodes (1951)

Leading Case: Midland Bank Trust Co Ltd v Green (1981) - Lord Wilberforce said that notice and good faith were no longer relevant (this ruling basically renders the doctrine of notice much less significant)

S4 LCA 1972 lists which interests will not bind a certain category of person of not registered

S198 - registration of the interest as a land charge constitutes actual notice

CONCLUSION

Doctrine of notice does apply but only for

1) beneficial interests not overreached
2) equitable easements created before 1926
3) restrictive covenants created before 1926
4) interests arising through proprietary estoppel- ER Ives Investment v High

Case for overreaching: City of London Building Society v Flagg

Question 6

How may types of notice and what are they?

Answer 6

3 types

1) Actual - as the name suggests. Rumour or hearsay does not count although could amount to constructive notice
2) Constructive Notice - you would’ve known about it had you made proper enquiries and inspections - S199 LPA 1925

So in unregistered land you should:

Check sellers title to a good root

Check any relevant registers for example the land charges register

Inspect the land and enquire of those in occupation - KINGSNORTH v TIZARD (1986)

3) Imputed Notice - this is actual or constructive notice of an agent acting for a buyer, I.e a solicitor as in KINGSNORTH v TIZARD or an agent