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Land Law Principles and the PLA

Land Law Principles and the PLA

Explore key land law principles, including equitable leases under Walsh v Lonsdale. Understand the requirements for legal interests in old system land per the Property Law Act (PLA). Also, examine the impact of Section 35(1) on oral agreements and the concept of 'seisin'.

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Land Law Principles and the PLA

Quiz • 21 Questions

Land Law Principles and the PLA - Flashcards

Flashcards • 21 Cards

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11 min • Summary

Land Law Principles and the PLA - Podcast

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List of Questions21 questions
  1. Question 1
    • A landlord's promise to grant a lease at a future date, without any formal contract documented, immediately grants the prospective tenant an equitable interest.
    • A tenant occupying property under an expired legal lease automatically transitions to holding an equitable lease with identical terms.
    • A tenant who possesses a verbal agreement for a lease, lacking any written documentation, can claim an equitable interest equivalent to a legal lease.
    • A tenant with a written agreement for a lease, which is specifically enforceable, holds an equitable position equivalent to that of a legal lease.
  2. Question 2
    • A verbal agreement combined with partial performance by both parties.
    • Registration of the interest with the relevant land titles office.
    • A deed that adheres to the formalities outlined in Section 9 of the PLA.
    • A written document signed by both parties is sufficient, regardless of whether it's a deed.
  3. Question 3
    • It renders the agreement void and unenforceable.
    • It allows for the agreement to be validated if supported by substantial monetary consideration.
    • It gives the agreement the force and effect of an interest at will only.
    • It transforms the agreement into a legally binding lease for a term not exceeding three years.
  4. Question 4
    • Interest at will only, because PLA s 35(1) requires a deed for any interest beyond this.
    • Legal interest, as the signed written agreement satisfies the requirements of PLA s 33(1).
    • Equitable interest, due to _Walsh v Lonsdale_, provided specific performance is applicable.
    • No valid interest, since the Statute of Frauds demands a deed for leases.
  5. Question 5
    • It includes only transfers of land, excluding mortgages or leases.
    • It is limited to transactions involving monetary consideration.
    • It encompasses various instruments such as mortgages, leases, and assignments, influencing how these interests must be created.
    • It strictly refers to the transfer of freehold ownership and has no bearing on other interests.
  6. Question 6
    • The legal right to possess a leasehold estate for a definite period.
    • The actual *legal* possession of land with the right to transfer ownership.
    • The equitable interest in land held by a beneficiary under a trust.
    • The future right to possess land based on certain conditions being met.
  7. Question 7
    • Fee simple subject to a condition subsequent
    • Fee simple absolute
    • Fee simple determinable
    • Life estate
  8. Question 8
    • "To A and his heirs, while the land is used as a school."
    • "To A for life, and then to B and her heirs."
    • "To A and his heirs, provided that the land is used for residential purposes."
    • "To A and his heirs, but if the land is ever used for commercial purposes, the grantor has a right of entry."
  9. Question 9
    • A remainder is created in the grantor, while a reversion is created in a third party.
    • A remainder follows a life estate granted to someone else, while a reversion arises when the grantor retains a future interest.
    • A remainder vests immediately, while a reversion vests in the future.
    • A remainder is a legal interest, while a reversion is an equitable interest.
  10. Question 10
    • Vested remainder
    • Contingent remainder
    • Reversion
    • Executory interest
  11. Question 11
    • It abolishes all common law rules relating to future interests.
    • It establishes the doctrine of estates.
    • It governs future interests created during the grantor's lifetime, potentially modifying strict common law rules.
    • It governs future interests created by will only.
  12. Question 12
    • The rights of a prior equitable interest holder against a subsequent legal interest.
    • The rights of a prior legal interest holder against a subsequent equitable interest.
    • The rights of any purchaser regardless of notice or good faith.
    • The rights of a subsequent legal interest holder against a prior equitable interest, provided they purchased the interest in good faith and without knowledge of the prior equitable interest.
  13. Question 13
    • To abolish the common law rules relating to land ownership.
    • To deal exclusively with leasehold estates.
    • To provide remedies where the strict application of common law resulted in unfair outcomes.
    • To administer criminal law related to land disputes.
  14. Question 14
    • An oral agreement between two parties for the sale of land where consideration has been exchanged.
    • An unsigned written contract for the transfer of land facilitated through a verbal agreement with an authorised agent.
    • A written and signed declaration of trust over land by a person legally able to declare the trust.
    • A verbal agreement for the transfer of land, fully documented in the minutes of a company meeting.
  15. Question 15
    • Verbal agreement, witness testimony, and partial payment.
    • Heads of agreement, good faith, and intention to proceed
    • Written agreement, initial deposit, and solicitor's approval.
    • Price, property identification, names of parties involved, and detailed promises.
  16. Question 16
    • The purchaser paying a deposit and verbally agreeing to the terms of the sale.
    • The purchaser making substantial improvements to the property with the vendor's encouragement.
    • The purchaser taking possession of the property and commencing renovations with the vendor’s knowledge.
    • The purchaser unequivocally referring to the agreement and acting in a way that demonstrates they intend to complete the purchase.
  17. Question 17
    • The landlord had explicitly acknowledged the existence of a lease agreement in writing.
    • The tenant's actions were consistent with a periodic tenancy but not necessarily with a longer lease.
    • The rent paid by the tenant was significantly below market value, indicating a longer-term agreement.
    • The tenant had been in possession of the property for an extended period before claiming part performance.
  18. Question 18
    • Rescission of the contract and return of the deposit.
    • Specific performance to force the seller to transfer the property.
    • Damages for breach of contract.
    • An injunction to prevent the seller from selling the property to someone else.
  19. Question 19
    • The doctrine of frustration.
    • The principle of caveat emptor.
    • The rule against perpetuities.
    • The doctrine of proprietary estoppel.
  20. Question 20
    • The contract contains a clause limiting damages for breach to a nominal amount.
    • The buyer has already found another property which is in a better location.
    • The seller is willing to pay damages that fully compensate the buyer for their loss.
    • The land is of unique value to the purchaser, fulfilling the requirement for equitable intervention.
  21. Question 21
    • The tenant has a periodic tenancy at sufferance, terminable at any time by the landlord without notice.
    • The tenant has an equitable interest in the property due to part performance, provided they can prove the terms of the agreement and their actions unequivocally relate to the agreement.
    • The tenant has no legal interest in the property and is essentially a trespasser.
    • The tenant has a legal leasehold interest enforceable for the term agreed upon, because the verbal agreement is binding.
List of Flashcards21 flashcards
  1. Card 1
    HintThink of what rights you have if you own or rent property.Memory TipImagine 'interest' as your stake or claim in the land.
  2. Card 2
    HintConsider what happens when a lease agreement isn't properly formalized.Memory TipEquity 'fills the gaps' if a legal lease is promised, but not done.
  3. Card 3
    HintWhat's usually needed to make land deals official and binding?Memory TipPicture signing a 'PLAque' to claim your land.
  4. Card 4
    HintWhat formal document is traditionally used for transferring land ownership?Memory TipThink of a formal 'DEED' sealing the land transfer.
  5. Card 5
    HintWhat happens if an agreement about land isn't written down?Memory Tip'Parol' sounds like 'partial' – only a limited interest.
  6. Card 6
    HintThink of it as your 'slice' of ownership.Memory TipEstate = State of Ownership
  7. Card 7
    HintPermanent and indefinite ownership.Memory TipFreehold = Forever Hold
  8. Card 8
    HintThink of it as renting, not owning.Memory TipLess than Freehold = Limited Time
  9. Card 9
    HintHaving the ball in a game.Memory TipSeisin = Seize the Land
  10. Card 10
    HintA handover with a ceremony.Memory TipFeoffment = Formal Possession
  11. Card 11
    HintThe highest form of land ownership.Memory TipFee Simple = Full Power
  12. Card 12
    HintWaiting in line to get the property.Memory TipRemainder = After Someone Else
  13. Card 13
    HintThe property 'reverts' back to you.Memory TipReversion = Returns Back
  14. Card 14
    HintWhat section stipulates interests in land should be in writing?Memory TipThink: 34, 'write it for sure'
  15. Card 15
    HintWhat elements make a contract 'full'?Memory TipRemember: PP-PP: Parties, Promises, Price, Property
  16. Card 16
    HintWhat allows enforcement despite lack of written evidence?Memory TipAction speaks louder than words.
  17. Card 17
    HintHow closely linked does the action need to be to the agreement?Memory TipUnquestionably linked, nothing else explains the act.
  18. Card 18
    HintWhat shows you really believed there was a contract?Memory TipOnly fools would improve someone Else's Land.
  19. Card 19
    HintWhat case shows conduct creating an equitable lease?Memory TipAnderson paid rent without writing.
  20. Card 20
    HintWhat remedy forces a party to complete the contract?Memory TipSpecific action, SPECIFIC steps, EQUITABLE remedy
  21. Card 21
    HintWhat is being ordered in this remedy?Memory TipImagine a 'Junction', you can go/not go.

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