Statute Flashcards
s.1(1) LPA 1925?
The only estates in land are fee simple and term of years absolute
s.1(2) LPA 1925?
Interests at law that can be conveyed
What are the legal interests of interest to us in s.1(2) LPA 1925?
Legal easements; charge by way of legal mortgage
s.1(3) LPA 1925?
All non-legal interests are equitable interests
s.34(2) LPA 1925?
Four trustees on legal estate max
What are equitable interests in land from s.1(3) LPA 1925?
Beneficial interests under a trust, estate contracts, interests under 1(2) LPA that don’t comply with formalities of a legal interest, restrictive freehold covenants
s.36(1) LPA 1925?
A legal estate is held in joint tenancy, but you can be tenants in common beneficially
s.36(2) LPA 1925?
You can’t sever joint tenancy of a legal estate
Definition of formal severance
s.34 and s.36 LPA 1925?
Implied trusts - if more than one person holds land, a trust is automatically imposed
s.52(1) LPA 1925?
All conveyances of land (including leases and assignments of leases) must be made by deed
s.53 LPA 1925?
Express trusts - trsuts relating to land must be manifested/proved by writing and signed
s54(2) LPA 1925
Formalities for short leases
s.77 LPA 1925
Covenant to indemnify implied in assignment of unregistered title
s.79 LPA 1925
Continuing liability in leasehold covenants
s.146 LPA 1925
Notice for forfeiture based on breach other than non-payment of rent
s.196 LPA 1925?
For formal severance, details for when notice has been served
s.198(1) LPA 1925?
If a registrable interest is registered, that constitutes notice to the whole world.
s.199(1) LPA 1925?
If a registrable interest is not registered, the interest is not enforceable EVEN IF the purchaser knows of its existence.
s.205(1) LPA 1925?
Definitions
s.2 LPMPA 1989?
An instrument isn’t a deed unless it’s intended to be a deed and it’s validly executed as a deed.
A contract for the sale of land must be made in writing and incorporating all the terms the parties have agreed to
Supercedes s.40 LPA 1925 and the doctrine of part performance
DOES NOT APPLY TO SHORT LEASES - see s.54(2) LPA 1925
s.1 TOLATA 1996?
Wherever there is co-ownership there will be a Trust of Land
s.13 TOLATA 1996?
Trustees can resolve arguments between beneficiaries over occupation of trust land.
s.14 TOLATA 1996?
Any person who is a trustee of land or has an interest in property subject to a trust can apply to the court for an order (dispute resolution)
s.15 TOLATA 1996?
The court reviews intentions of people who created the trust, then purposes for the trust property, then welfare of minors in the trust home, then interests of secured creditors when determining how to handle orders filed under s.14 TOLATA 1996
Commonhold and Leasehold Reform Act 2002?
Introduced new form of landholding termed commonhold
Land Registration Act 2002
Main legislation governing registered title
Preserves implied covenant to indemnify for registered title
Limitation Act 1980
Includes s.15 which defines continuous possession/squatter’s rights (unregisterd title)
Schedule 6 LRA 2002?
Squatter can apply to be registered as the proprietor of a registered estate if they’ve been in adverse possession for 10 years
Landlord and Tenant (Covenants) Act 1995
Enforceability of leasehold covenants
S. 17, 18, 19, 20 LTCA 1995
Applies to new and existing tenancies
Landlord and Tenants Act 1988
If there’s a written application for consent for alienation, landlord is under duty to act on the written application to give consent except where it is reasonable not to, to respond within a reasonable time, and to give written reasons for any refusal
