Brainscape's Knowledge GenomeTM

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


See full index

Land > Untitled spreadsheet - Sheet1-3 > Flashcards

Untitled spreadsheet - Sheet1-3 Flashcards

1
Q

How can a proprietary right be recovered?

A

By an action in rem

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

How can a personal right be recovered?

A

By an action in personam (damages only)

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

What is definition of freehold estate?

A

Fee simple absolute in possession

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

How is leasehold estate granted?

A

For a term of years absolute

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

What is needed to transfer the legal estate?

A

Deed + Registration

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

What are formalities for a deed to be valid?

A

Makes clear on its face it is intended to be a deed; is signed & witnessed

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

What formalities are required for a land contract to be valid?

A

Made in writing, incorporate all expressly agreed terms, signed by both parties

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

When does legal title transfer in transfer of land?

A

Once registration has taken place

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

What are triggering events for first registration?

A

Transfer of freehold estate, grant of lease for more than 7 years, assignment of lease with more than 7 years to run,

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

What is test for a lease to exist (and not be a licence)?

A

Certainty of term (certain duration), exclusive possession, correct formalities used

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

How is period determined for periodic lease?

A

By reference to how rent is calculated, not when payable (annual 7k payable monthly means annual period lease)

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

Does occupier have exclusive possession if landlord provides services?

A

No - has a licence

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

What is effect of a sharing clause on exclusive possession?

A

If landlord reserves right to share this may mean there is no exclusive possession. But need to look at circumstances to decide if a genuine sharing clause or a sham clause.

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

How will exclusive possession be assessed in business tenancies?

A

Look at document as a whole to see if landlord retains control. Look at degree of control exercised by landlord and whether this is consistent with exclusive possession by tenant.

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

What does it mean if occupation agreement contains a right for the landlord to relocate the tenant?

A

It will be a licence not a lease

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

Formalities required for a legal lease of 3 years or less?

A

Tenant granted immediate right to possession without requiring payment of initial sum; fixed term lease needs deed, periodic lease can be made orally provided it is at ‘best rent’

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

Formalities required for legal lease between 3-7 years?

A

Made by deed

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

Formalities required for legal lease of over 7 years in registered land?

A

Made by deed, lease must be substantively registered at Land Registry. If not registered then only gives rise to equitable lease.

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

Formalities required for legal lease of over 7 years in unregistered land?

A

Made by deed, must be substantively registered as grant of lease is trigger for first registration.

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

Formalities required for the assignment of a lease?

A

Deed + Registration

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

What interests in land are capable of being legal?

A

Easements, legal mortgage, right of entry

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

What are corporeal hereditaments?

A

Physical things attached to the land

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

How much of airspace is owned by landowner?

A

Lower airspace, such height as is necessary for the ordinary use & enjoyment of the land & structures upon it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

How much of ground below is owned by landowner?

A

Everything beneath the surface of the land; except certain minerals, coal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are 2 limbs of test for whether something is a fixture?

A

Degree of annexation test; purpose of annexation test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is degree of annexation test?

A

The more firmly object is fixed to land/building, the more likely it is to be classified as a fixture

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is purpose of annexation test?

A

If purpose of annexation is to enhance the land or building then it is more likely to be a fixture. If purpose was for better enjoyment of the chattel then will be a chattel.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Formalities required for a legal mortgage?

A

Deed + registration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Formalities for defective legal mortgage to be classed as an equitable mortgage?

A

If in writing, contains all terms & signed by both parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Formalities for an equitable mortgage?

A

In writing & signed by grantor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are principles of equitable right of redemption?

A

Equitable right to redeem supplements legal right to redeem; Can be no postponement or prevention of redemption; No collateral advantages; No unconscionable terms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

When does equitable right to redeem arise?

A

Following day after first day on which loan can be repaid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

When will a collateral advantage in a mortgage be struck out?

A

If it is unconscionable, in the nature of a penalty, or repugnant to equitable right to redeem

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

When will a solus tie be upheld?

A

Generally upheld if within the end of the mortgage term

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

How can an easement be claimed by prescription?

A

If exercised for at least 20 years but no express grant or reservation can be traced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What are capability rules for easements?

A
  1. Must be granted for equivalent of freehold or leasehold estate. 2. Must be capable in principle of being an easement (satisfy Re Ellenborough Park). 3. Must not be prevented from being an easement by one of disqualifying factors. 4. Must have been acquired as an easement.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are Re Ellenborough Park criteria?

A
  1. There must be a dominant & servient tenement; 2. The right must accommodate the dominant tenement. 3. Must be no common ownership of two tenements. 4. The right must lie in grant.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What does it mean for right to accommodate the dominant tenement?

A

Must have some direct beneficial impact on the dominant tenement & two tenements must be sufficiently proximate to one another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What does it mean for right to ‘lie in grant’?

A

Right must be capable of forming the subject matter of a deed: granted by capable grantor to capable grantee; capable of reasonably exact description; be judicially recognised

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What easements are judicially recognised?

A

Right of way, right of storage right of drainage, right of support right to use sporting & leisure facilities, right to use land for recreational purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are disqualifying factors for easements?

A

Exercise of right must not amount to exclusive possession of the servient tenement; Exercise of the right must not involve additional, unavoidable expenditure by the servient owner; exercise of the right must not depend on permission being given by the servient owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

How can easements be acquired expressly?

A

Expressly created as legal or equitable easement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What are methods of implied acquisition of easements?

A

Necessity, common intention, rule in Wheeldon v Burrows, s62 LPA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is implied acquisition of an easement by necessity?

A

Where easement’s existence is essential in order that any use of the dominant tenement can be made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What is implied acquisition of an easement by common intention?

A

Where easement is implied into transfer or lease to give effect to common intention of the parties even though it is not absolutely necessary for the enjoyment of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What are requirements for acquisition of easement by common intention?

A

Dominant land sold/leased for specific purpose, purpose is known to both parties, easement must be essential to achieve the common purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What is effect of rule in Wheeldon v Burrows?

A

Can imply easement into deeds or contracts, where right being claimed is a grant to the claimant that has been enjoyed as a quasi-easement by the seller before the land was divided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What are requirements for rule in Wheeldon v Burrows?

A

Quasi-easement must have been continuous & apparent; must be necessary for reasonable enjoyment of the land; must be in use by the common owner at the date of transfer or lease of dominant land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What is effect of s62 LPA?

A

Can imply easement into a deed only. Can upgrade informal rights into full legal easements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What are requirements for s62 LPA to apply?

A

Right would have been a grant to the claimant, must have been prior diversity of occupation of dominant & servient land, informal permission or licence granted to occupier of dominant tenement to use servient land in some way, there has been a conveyance of the dominant tenements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Enforceability of express legal easements?

A

Always enforceable as substantively registered to be legal in registered land. If unregistered land then is an interest overriding first registration of land & will become noted on charges register.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Enforceability of implied legal easements?

A

In registered land: will be an overriding interest provided it is within actual knowledge of new owner, or is obvious on reasonably careful inspection of the land, or has been exercised within a year before transfer of servient land. In unregistered land will be enforceable as an overriding interest on first registration of the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Enforceability of express equitable easements in registered land?

A

Must be properly created, must be protected by notice in charges register of burdened land. If yes: binds everyone. If not done: purchaser for value is not bound but volunteer is bound.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Enforceability of express equitable easements in unregistered land?

A

Must be properly created, must be protected by Class D(III) Land Charge. If yes: binds everyone. If no: purchaser for money is not bound but volunteer is.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Test for whether it is a positive covenant?

A

Hand in pocket test

56
Q

Formalities required for a restrictive covenant?

A

In writing & signed by grantor

57
Q

What are equitable rules for passing the burden of covenants?

A

Covenant must be restrictive; must accommodate the dominant tenement; must be intention for the burden to run; there must be notice of the covenant

58
Q

How to have notice of a covenant in unregistered land?

A

Must be entered as D(II) land charge. If not protected then purchaser for value not bound but volunteer bound

59
Q

How to have notice of covenant in registered land?

A

Must be protected by entry of notice in charges register of servient title. If not then purchaser for value would not be bound.

60
Q

What are the equitable rules for passing the benefit of a covenant?

A

The covenant must ‘touch and concern’ the dominant land; must pass by one of methods in Renals v Cowlishaw

61
Q

What are methods for passing benefit of covenant in equity from Renals v Cowlishaw?

A

Annexation (express or statutory), Assignment, Building scheme

62
Q

What are conditions for passing of benefit by building scheme?

A

All buyers buy from same seller; seller divided estate into plots; covenants were intended to benefit all plots; each buyer buys on understanding that covenants are intended to benefit all plots

63
Q

What are equitable remedies for breach of freehold covenants?

A

Discretionary remedies, injunctions, damages not as of right but possibly in lieu of injunctions

64
Q

What method is used for passing benefit & burden of positive covenants?

A

Common law

65
Q

What is general rule for passing burden of covenant at common law?

A

Burden generally does not pass at common law

66
Q

Methods to make burden of covenant pass at common law?

A

Mutual benefit and burden, Grant of long lease, Commonhold development, Restriction

67
Q

What are requirements for passing burden at common law using mutual benefit & burden?

A

Must be clear link between burden & benefit, must be a genuine choice as to whether or not to take benefit, must have been conferred in the same transaction

68
Q

How can benefit of covenant pass in common law?

A

Express assignment or implied assignment

69
Q

What are conditions for implied assignment of benefit in common law?

A

Covenant must touch & concern the land, must have been intention that benefit should run with the dominant land, original covenantee must have legal estate, successor covenantee must hold legal estate

70
Q

How can covenant be discharged?

A

Automatically discharged if same person becomes owner of both bits of land, can expressly agree to discharge covenant (usually in return for payment), can impliedly agree to discharge if nothing is done when covenant is breached openly. Can apply to Upper Tribunal for discharge or modification.

71
Q

How is priority of legal mortgages ascertained?

A

Depends on order entered on register (not order of creation)

72
Q

How is priority of equitable mortgages ascertained?

A

Equitable mortgages rank in order of creation against other equitable mortgages. Can be protected by entering a notice on charges register which means will take priority over subsequent legal mortgage.

73
Q

What rights does a legal lender have (remedies)?

A

Debt action, possession, sale, receivership, foreclosure

74
Q

What is the pre-action protocol for mortgage lenders?

A

In residential cases, possession must be a last resort. Expected to explore other options with the borrower first.

75
Q

When does the power of sale arise?

A

When the mortgage money has become due

76
Q

When is power of sale exercisable?

A

Notice requiring payment of whole loan has been served & borrower has defaulted; interest is unpaid & arrears for at least 2 months; has been some breach of a mortgage provision

77
Q

What are duties when lender is selling property?

A

Take reasonable care to obtain a proper price, perfection not required.

78
Q

What are remedies for a breach of land contract?

A

Damages as of right, specific performance, injunction, but equitable remedies at discretion of court & equitable principles apply

79
Q

What are 3 categories of estates & interests in land?

A

Registrable dispositions, interests protected by entry of notice or restriction, overriding interests

80
Q

What is rule for purchaser for value of registered land and interests in the land?

A

Purchaser for value will take the land free of all interests which should have but have not properly been protected

81
Q

What is effect of equitable interest being protected by notice?

A

will bind subsequent purchasers

82
Q

Which equitable interests cannot be protected by a notice?

A

Beneficial interests under trusts (protected by a restriction); short legal leases for less than 3 years (overriding interests)

83
Q

How does overreaching work?

A

Buyer or lender pays purchase price to at least 2 trustees so the beneficiary’s interest moves away from the land

84
Q

What is effect of overriding interests?

A

bind purchaser for value even though not protected by registration

85
Q

3 types of overriding interests in registered land?

A

Legal leases for 7 years or less, equitable interests held by people in actual occupation of the land, implied legal easements or profits a prendre

86
Q

What type of land charge is a puisne mortgage?

A

Class C(I)

87
Q

What type of land charge is an estate contract?

A

Class C (IV)

88
Q

What type of land charge is a restrictive covenant?

A

Class D(II)

89
Q

What type of land charge is an equitable easement ?

A

Class D(III)

90
Q

What type of land charge is spouse’s matrimonial right of occupation?

A

Class F

91
Q

What is effect of entry on land charges register?

A

Once entered, interest is binding on a purchaser

92
Q

What is the doctrine of notice?

A

Everyone is bound except equity’s darling

93
Q

Who is equity’s darling?

A

Bona fide purchaser for value of a legal estate without notice

94
Q

What is imputed notice?

A

Notice received by buyer’s agent = imputed to buyer

95
Q

What is constructive notice?

A

If fail to pursue line of enquiry which ought reasonably to have been made

96
Q

What are the four unities for joint tenancy?

A

Unity of possession, unity of interest, until of title, unity of time

97
Q

What is survivorship?

A

When one joint tenant dies, their interest accrues to the surviving JTs

98
Q

What is max number of people who can hold legal title?

A

4

99
Q

When is there a rebuttable presumption of tenancy in common?

A

Land is a business asset, purchase price of non-domestic property has been paid in unequal shares

100
Q

What is severance?

A

Converts JT into TIC

101
Q

2 methods to sever equitable JT?

A

Notice in writing, ‘other acts or things’

102
Q

What must notice in writing for severance demonstrate?

A

Unequivocal and irrevocable intention to sever JT immediately

103
Q

How must notice in writing to sever be served?

A

On all other equitable JTs

104
Q

3 ways of severing via ‘other acts or things’?

A

Unilateral act by JT operating on own share; mutual agreement of JTs; any course of dealing which indicates interests mutually treated as constituting TIC

105
Q

How does mutual agreement to sever work?

A

All equitable JTs agree that one person’s interest is severed

106
Q

How are disputes over co-owned land resolved?

A

Anyone with interest in the land can apply to the court for an order relating to it.

107
Q

What are factors that court considers in disputes relating to co-owned land?

A

Intention of persons when creating trust; circumstances & wishes of beneficiaries of full age; purposes for which property subject to trust is held; welfare of any minor who occupies land; interests of secured creditor of any beneficiary

108
Q

What factors can defeat a lease?

A

No ICLR; where there is a service occupancy

109
Q

What is a service occupancy?

A

Employee/employer relationship between landowner & occupier; occupier required to live in premises for better performance of his duties as an employee

110
Q

What is unity of possession?

A

No one has exclusive use of part of premises, all entitled to occupy all of it

111
Q

What is unity of interest?

A

Must have leasehold interest for the same term, under same conditions & jointly liable for the rent

112
Q

What is unity of time?

A

All of occupier’s interest must start at same time

113
Q

What is unity of title?

A

All od occupier’s interests must derive from same document, or separate but identical documents

114
Q

What is a tenancy at will?

A

Personal permission to be on the land, not proprietary interest. Either party can end it at any time, does not grant tenant security of tenure.

115
Q

How to acquire security of tenure?

A

There must be a tenancy, tenant must be in occupation, tenant’s occupation must be for the purposes of a business

116
Q

What is effect of security of tenure under LTA 1954?

A

Tenancy continues until terminated under 1954 act, tenant has right to apply for new tenancy

117
Q

How to grant lease without security of tenure?

A

Grant ‘contracted out’ tenancy; grant ‘excluded tenancy’

118
Q

What types of tenancies are specifically excluded from LTA?

A

Tenancies of agricultural holdings, mining leases, service tenancies, fixed term tenancies not exceeding 6mo

119
Q

What is procedure for granting a contracted out tenancy under LTA?

A

Landlord must serve warning notice at least 14 days before tenant becomes bound to enter lease, tenant must sign simple declaration or statutory declaration, lease must contain wording that have agreed to exclude security of tenure & reference to warning notice & tenant’s declaration

120
Q

What do ‘improvements’ mean?

A

Works which improve premises from tenant’s perspective

121
Q

What is a qualified covenant?

A

The tenant shall not do ‘without the landlord’s consent’

122
Q

What is fully qualified covenant?

A

Tenant shall not do without landlord’s consent, such consent not to be unreasonably witheld or delayed

123
Q

What is test for reasonableness when landlord giving consent?

A

Not entitled to refuse consent on grounds which have nothing to do with landlord & tenant relationship

124
Q

What are landlord’s remedies for not paying rent?

A

Action for debt; Distress & Commercial Rent Arrears Recovery; Forfeiture

125
Q

What are landlord’s remedies for other breaches?

A

Injunction, specific performance, damages, forefeiture, self-help

126
Q

What are the ways a lease can be ended?

A

Effluxion of time, break clause, surrender, merger, notice to quit, forfeiture

127
Q

How can right to forfeit be exercised?

A

Peaceably re-entering the property or obtaining a court order

128
Q

How can landlord waive right to forfeit?

A

Is aware of acts or omissions giving rise to right to forfeit, and does some unequivocal act recognising continued existence of the lease (e.g. demanding, accepting rent)

129
Q

How long does waiver last if there is continuing breach?

A

Waiver lasts until end of period at which point landlord can choose to reject the rent & forfeit the lease

130
Q

When can court grant relief after peaceable re-entry?

A

Rent & landlord’s costs are paid, is just & equitable to grant relief

131
Q

What are requirements for s146 notice for forfeiture in breach of other covenants?

A

Specify breach complained of, require it to be remedied within reasonably time if possible, require lessee to make compensation for breach if landlord requires, inform tenant of right to serve counter notice

132
Q

What is an excluded assignment?

A

If lease is assigned in breach of alienation covenant

133
Q

What is AGA?

A

Means landlord can sue for breaches of subsequent assignee as tenant has guaranteed the obligations of their immediate successor

134
Q

What are preconditions for landlords ability to request an AGA?

A

Assignment must be either absolute or qualified, lease must contain condition that outgoing tenant will provide AGA

135
Q

What are 3 retrospective provisions which apply to all leases?

A

Tenant default notices, liability for variations, overriding leases

Land (2 decks)

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