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Land Law > Third Party Interests > Flashcards

Third Party Interests Flashcards

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1
Q

Legal Easement

Definition

A

A right attached to one piece of land and imposes a corresponding burden on another piece of land

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2
Q

Legal Easement

Capable of being legal?

A

Yes - if the interest is equivalent to an estate in fee simple absolute in possession or term of years absolute
s.1(2)(a) LPA 1925

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3
Q

Legal Easement

Formalities Required

A

Created by deed under s.52 LPA 1925
Deed must satisfy s.1(3) LP(MP)A 1989
- signed, witnessed and delivered as a deed

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4
Q

Legal Easement

Enforceability in unregistered system

A

Not registrable
As its legal, it binds buyer
- Legal interests bind the world

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5
Q

Legal Easement

Enforceability in registered system

A

s. 27 LRA

- Binds purchaser upon registration

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6
Q 
Equitable Easement (estate contract)
Definition
A

Same as legal easement, but the correct formalities required to grant a legal easement is not satisfied

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7
Q 
Equitable Easement (estate contract)
Formalities required
A

Contract to be made by signed writing, incorporating all expressly agreed terms and signed by each party
s.2 LP(MP)A 1989

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8
Q 
Equitable Easement (estate contract)
Enforceability in unregistered system
A 
Registrable on the LCR
Class D(iii) land charge

If registered - binds buyer
If not, buyer takes free of interest

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9
Q 
Equitable Easement (estate contract)
Enforceability in registered system
A

s. 32 LRA - Notice
- Will not bind buyer unless they are subject of a notice by date of registration of the transfer to the purchaser (s. 29 LRA)

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10
Q 
Equitable Easement (uncertain duration)
Definition
A

Easement where grant is of an uncertain duration

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11
Q 
Equitable Easement (uncertain duration)
Formalities Required
A

In writing, signed by the person granting the easement or signed by his agent lawfully authorised

  • in writing, by will or by operation of law
    s. 53(1)(a) LPA 1925
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12
Q 
Equitable Easement (uncertain duration)
Enforceability in unregistered system
A 
Registrable on the LCR
Class D(iii) land charge

If registered - binds buyer
If not, buyer takes free of interest

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13
Q 
Equitable Easement (uncertain duration)
Enforceability in registered system
A

s. 32 LRA - Notice
- Will not bind buyer unless they are subject of a notice by date of registration of the transfer to the purchaser (s. 29 LRA)

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14
Q

Estate Contract

Definition

A

Contract to sell/grant an estate in land

Equitable interest

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15
Q

Estate Contract

Formalities

A 
Contract to be made by signed writing, incorporating all expressly agreed terms and signed by each party
s2 LP(MP)A 1989
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16
Q

Estate Contract

Enforceability in unregistered system

A 
Registrable on LCR
Class C(iv) Land Charge
17
Q

Estate Contract

Enforceability in registered system

A

s.32 LRA - Notice
- Will not bind buyer unless they are subject of a notice by date of registration of the transfer to the purchaser (s. 29 LRA
If not registered, can be an overriding interest

18
Q

Lease (Legal interest)

Definition

A

An interest which gives the person exclusive possession of the land for a fixed period of time

19
Q

Lease

Formalities Required

A

Created by deed under s52 LPA 1925

Deed must satisfy s1(3) LP(MP)A 1989 - signed, witnessed and delivered as a deed

20
Q

Lease

Enforceability in unregistered system

A

NOT registrable

Legal interests bind the world

21
Q

Lease

Enforceability in registered system

A

s27 LRA
- Binds purchaser upon registration - making it legal

Must be for a term of more than 7 years OR disposition of a (currently unregistered) lease with more than 7 years to run.

22
Q 
Parole Lease (legal interest)
Definition
A

Same definition as a normal lease

23
Q

Parole Lease

Formalities

A

Must fulfil s54(2) LPA 1925:

  • not exceeding 3 years
  • takes effect immediately
  • granted at best rent which can be reasonably obtained without taking a fine
24
Q

Parole Lease

Enforceability in unregistered system

A

NOT registrable

Legal interests bind the world

25
Q

Parole Lease

Enforceability in registered system

A

Automatically an overriding interest

Cannot register as a legal interest

26
Q 
Equitable Lease (not legal interest)
Definition
A

A lease that has not been granted using the correct formalities

27
Q

Equitable Lease

Formalities

A

Contract to be made by signed writing, incorporating all expressly agreed terms and signed by each party
s.2 LP(MP)A 1989

28
Q

Equitable Lease

Enforceability in unregistered system

A 
Class C(iv) land charge under s2(4) LCA 1972
Will bind only if it was registered as a land charge before date of conveyance (s.4(6) LCA 1972)
29
Q

Equitable Lease

Enforceability in registered system

A

P will take estate for valuable consideration, free of interests, unless:

  • equitable lease is protected by notice on register of title
  • it is capable of taking effect as an overriding interest
30
Q 
Express Trust (equitable interest)
Definition
A

Any trust in which some or all of the trust property is land.
Expressly made by writing

31
Q

Express Trust

Formalities

A

Declaration of trust

  • proved by signed writing who is able to declare the trust or by will
  • Can be oral, but needs written evidence to be enforceable
32
Q

Express Trust

Enforceability in unregistered system

A

NOT registrable

Trust interest binds buyer unless they have overreached or he is equity’s darling

33
Q

Express Trust

Enforceability in registered system

A

Can be recorded by a restriction (s40 LRA) in the proprietorship register of owners title
Interest can be overreached (s27(2) LPA)

34
Q

Implied Trust

Formalities Required

A

No formalities required under s53(2) LPA 1925

35
Q

Implied Trust

Enforceability in unregistered system

A

NOT registrable

Trust interest binds buyer unless they have overreached or he is equity’s darling

36
Q

Implied Trust

Enforceability in registered system

A

Can be recorded by a restriction (s40 LRA) in the proprietorship register of owners title
Interest can be overreached (s2 + s27 LPA)

37
Q 
Restrictive Covenant (equitable)
Definition
A

A promise not to use land in a certain way

38
Q 
Restrictive Covenant (equitable)
Formalities Required
A

In writing, signed by the person granting the easement or signed by his agent lawfully authorised (in writing/by will/by operation of law) under s53(1)(a) LPA 1925
Usually created by deed (s52 LPA 1925)

39
Q 
Restrictive Covenant (equitable)
Enforceability in unregistered system
A

Registrable on LCR - Class D(ii) Land Charge

If registered, binds buyer. If not, buyer takes free of interest.

Land Law (5 decks)

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