40 Questions
What is the primary issue in the case of Adverse Possession?
Deciding who gets to enjoy or inherit property on the death of the previous holder
In the case of Pye v Graham, what was the outcome of Pye's claim?
Pye's claim was defeated by adverse possession of the Grahams
What is the significance of the hedges and lack of a key in the Pye v Graham case?
They physically excluded Pye from the land, demonstrating factual possession by the Grahams
What is the principle of 'factual possession' in the context of Adverse Possession?
Possession in the ordinary sense of the word
In the case of Inwards v Baker, what was the outcome of the dispute?
The son was entitled to remain on the property
What is the significance of the 'intention to possess' in Adverse Possession?
It must be made clear to the world through an outward display of conduct
What is the effect of changing locks on a property in the context of Adverse Possession?
It amounts to factual possession
What is the principle of Proprietary Estoppel, as illustrated in the case of Inwards v Baker?
A person who has been encouraged to build on someone else's land is entitled to remain on the property
What is the purpose of the covenant in the lease contract?
To prevent the leaseholder from using the premises for illegal or immoral purposes
What was the outcome of the Upper Tribunal's judgment in the case?
The leaseholder was found to have breached the lease covenant
What is the principle of enforcing a positive covenant?
It lies in contract and compels the owner to exercise their rights
What was the issue in the case of Tulk v MoxHay (1848)?
Whether an equitable covenant limiting the use of a property can ‘run with the land’
What is the purpose of the relief principle in leasehold covenants?
To provide an alternative remedy to forfeiture in certain circumstances
What is the result of granting a series of short-term lettings in a private residence?
The property is being used for a purpose other than as a private residence
What is the significance of the case of Shiloh Spinners v Harding (1973) in the context of leasehold covenants?
It is a landmark case in the development of leasehold covenants
What is the effect of a negative covenant on a property owner?
It deprives the owner of a right over the property
What is the condition for an equitable interest to be considered an overriding interest?
The equitable interest holder must be physically present on the property at the time of sale
In what circumstances can the court grant interlocutory relief to a tenant?
When the landlord breaches the lease and the tenant is in a situation of profound and acute vulnerability
What is the consequence of a landlord's repudiation of a tenant's request to repair premises?
The court can award damages for inconvenience to the tenant
What is the Boland principle?
A principle that dictates an owner of an equitable interest can bind a future purchaser of the property
Under what circumstances can a mortgagee force a sale of the property?
When the borrower is unable to make payments and the sale is realistic
What is the consequence of a borrower's failure to make payments?
The lender can force a sale of the property
Who remains contractually liable for the duration of the lease?
The original lessees
What is the purpose of adjourning proceedings in a mortgage case?
To wait and see if the borrower can resume payments
What is the effect of an equity by estoppel from the time it arises?
It becomes an interest capable of binding successors in title.
What is the basis of priority of a right?
The first in time, but subject to the purchaser's defense.
What type of leasehold estate in land is not required to be registered?
A leasehold estate granted for a term not exceeding seven years.
What is required for an express trust to be valid?
An ER1 form is required.
What is the power of a registered proprietor in relation to a mortgage?
The power to charge the estate at law with the payment of money.
What is the precursor to a sale from possession in mortgages?
The power must have arisen and must be exercisable.
What is the order of payment from the sale of a property in mortgages?
- Discharge of prior incumbrances, 2. payment of lender costs relating to sale, 3. discharge of the mortgage money, interest, and costs.
What is the name given to a property becoming security for a debt in mortgages?
A charge.
What is the purpose of section 142 in relation to covenants?
To enable the tenant to sue the current landlord
Which section governs the benefits and burden of covenants running with the reversion?
s.141 and s.142
What is the effect of personal obligations in relation to covenants?
They will remain with the original landlord
Which Act implies an intention to bind successors, unless explicitly excluded?
Law of Property Act 1925
What is the purpose of section 146 in relation to covenants?
To give the tenant a last chance to summon up the will to comply with their obligations
Which Act sets out the requirements for registration of leases?
Land Registration Act 2002
What is the effect of section 141 in relation to covenants?
It allows the new landlord to enforce covenants against the old tenant
Which of the following is NOT a consequence of the benefits and burden of covenants running with the reversion?
The original landlord is relieved of their personal obligations
Test your understanding of Land Law with this quiz on adverse possession and property rights. Learn about key cases like Asher v Whitlock, Pye v Graham, and Buckinghamshire CC v Moran, and how they impact the rights of squatters and property owners. Who gets to enjoy or inherit property on the death of the previous holder?
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