Land Law Unit 1: Rights & Fixtures
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Questions and Answers

Which of the following is true regarding legal interests in land?

  • A deed must always be signed, witnessed, and delivered for a legal interest. (correct)
  • Legal interests can be created verbally without any documentation.
  • Legal interests are not enforceable against future owners.
  • Legal interests require less formalities than equitable interests.

What is the effect of not following the formalities for creating a legal interest?

  • The interest can be enforced as a legal right.
  • The interest may only be recognized in equity. (correct)
  • The interest becomes void.
  • The interest remains valid indefinitely.

Which statement accurately describes equitable interests in land?

  • Equitable interests require written documentation that is signed by involved parties. (correct)
  • Equitable interests are only recognized through statutory means.
  • Equitable interests are treated with the same protection as legal interests.
  • Equitable interests do not require any documentation.

What does the principle of 'clean hands' signify in equity?

<p>It states that individuals must act ethically to receive equitable relief. (C)</p> Signup and view all the answers

Which of the following accurately describes statutory rights related to land use?

<p>Statutory rights are established through legislation. (C)</p> Signup and view all the answers

How can a lease for three years or less be created?

<p>It can be created orally if possession is granted. (D)</p> Signup and view all the answers

What distinguishes legal rights from equitable rights in land law?

<p>Legal rights are enforceable under common law, unlike equitable rights. (A)</p> Signup and view all the answers

In what situation can equity 'save' a legal interest?

<p>When the proper deed formalities are not followed. (A)</p> Signup and view all the answers

What is the primary purpose of overreaching in property law?

<p>To allow buyers to avoid claims under a trust by paying to multiple trustees (A)</p> Signup and view all the answers

Which section of the Land Registration Act 2002 requires certain dispositions to be registered to be effective?

<p>Section 27 (A)</p> Signup and view all the answers

What type of interests must still be protected through a notice in the Charges Register?

<p>Interests Affecting a Registered Estate (D)</p> Signup and view all the answers

Which of the following is an example of an overriding interest that can bind a purchaser?

<p>Someone living on the land (D)</p> Signup and view all the answers

What does the Proprietorship Register contain?

<p>The legal owners and any restrictions on dealings (B)</p> Signup and view all the answers

Which of the following is NOT considered a registrable disposition under Section 27 of the LRA 2002?

<p>Equitable leases (D)</p> Signup and view all the answers

Which section of the land registration system describes the land, easements, and rights benefiting the land?

<p>Property Register (B)</p> Signup and view all the answers

What must a buyer do to complete the conveyancing process in registered land?

<p>Transfer ownership through a deed (A)</p> Signup and view all the answers

What primarily distinguishes overriding interests from other interests in property?

<p>They bind buyers without registration. (B)</p> Signup and view all the answers

Which type of legal lease qualifies as an overriding interest?

<p>Leases for 7 years or less. (D)</p> Signup and view all the answers

What condition must be met for an implied or prescriptive easement to be an overriding interest?

<p>The easement must be used within the year preceding the transaction. (C)</p> Signup and view all the answers

What is required for a proprietary interest to have overriding status under actual occupation?

<p>The occupation must be obvious on inspection or known to the buyer. (B)</p> Signup and view all the answers

In the case of Williams & Glyns Bank v Boland, what was a key factor in the ruling regarding Mrs. Boland’s interest?

<p>The bank failed to discover her interest while she was in actual occupation. (C)</p> Signup and view all the answers

What is the concept of 'overreaching' in property transactions?

<p>Shifting beneficial interests to sale proceeds when payment is made to trustees. (C)</p> Signup and view all the answers

In Abbey National v Cann, what was determined insufficient for establishing 'actual occupation'?

<p>Moving furniture into the property. (B)</p> Signup and view all the answers

What must a buyer do regarding short-term leases in a property they are considering purchasing?

<p>Inspect the property and inquire about any short-term leases. (D)</p> Signup and view all the answers

What characterizes a positive easement?

<p>It allows the dominant tenement to use the servient land. (B)</p> Signup and view all the answers

Which of the following is NOT a characteristic of easements?

<p>The dominant and servient tenements can belong to the same owner. (D)</p> Signup and view all the answers

What type of easement is created explicitly by agreement?

<p>Express Easement (D)</p> Signup and view all the answers

Which method does NOT create an implied easement?

<p>Explicit agreement in a deed. (C)</p> Signup and view all the answers

What is required for a prescriptive easement to be established?

<p>It requires continuous and unchallenged use for 20 years. (C)</p> Signup and view all the answers

Which act formalizes claims for prescriptive easements?

<p>Prescription Act 1832 (B)</p> Signup and view all the answers

Under what circumstances can easements bind new landowners?

<p>If the easement was registered in land registry. (C)</p> Signup and view all the answers

Which of the following statements is true regarding negative easements?

<p>They restrict the servient land's use. (C)</p> Signup and view all the answers

What forms can equitable interest be held under in co-ownership situations?

<p>Either joint tenancy or tenancy in common (B)</p> Signup and view all the answers

Which of the following is NOT one of the methods of severing a joint tenancy interest?

<p>Inheritance (D)</p> Signup and view all the answers

What is the primary reason for creating leases?

<p>To generate income (C)</p> Signup and view all the answers

Which statement is true regarding the legal estate in a joint tenancy?

<p>It passes by survivorship upon death (D)</p> Signup and view all the answers

What effect does mutual agreement have on joint tenancy?

<p>It can lead to severance of the joint tenancy (B)</p> Signup and view all the answers

Under what condition can a tenancy in common be implied?

<p>Lack of words of severance (D)</p> Signup and view all the answers

What is the consequence of overreaching in co-ownership situations?

<p>It transfers equitable interests to sale proceeds (D)</p> Signup and view all the answers

In the context of leases, what is typically the relationship between the lessor and lessee?

<p>Landlord and tenant (B)</p> Signup and view all the answers

What is the implication of actual occupation for a purchaser of land?

<p>It can bind a purchaser even if the interest is not formally registered. (B)</p> Signup and view all the answers

Under what conditions might an overriding interest not bind a purchaser?

<p>The person did not disclose their interest when asked. (D)</p> Signup and view all the answers

What was established in the case of Williams & Glyn's Bank Ltd v Boland?

<p>A spouse's physical occupation can create an overriding interest. (D)</p> Signup and view all the answers

Which factor is not considered when determining actual occupation?

<p>Formal registration of the interest. (C)</p> Signup and view all the answers

What does the principle of actual occupation primarily protect?

<p>The rights of individuals with physical presence or use of the land. (C)</p> Signup and view all the answers

What did Abbey National Building Society v Cann clarify regarding actual occupation?

<p>Temporary occupation is sufficient to establish actual occupation. (A)</p> Signup and view all the answers

What can potentially limit the binding nature of an overriding interest?

<p>Failure to conduct a reasonable inspection of the land. (B)</p> Signup and view all the answers

In the context of actual occupation, which of the following statements is true?

<p>Occupation can be demonstrated even without formal registration. (B)</p> Signup and view all the answers

Flashcards

Deed

A formal legal document that transfers ownership of land. It must be signed, witnessed, and delivered to be valid.

Equitable Interests

Interests in land that are created and recognized by courts based on fairness and good conscience, even if some formalities weren't met.

Legal Interests

Interests in land that are fully recognized and enforced by law. They have the highest level of protection and bind everyone.

Clean Hands Doctrine

A legal principle that states a person seeking an equitable remedy must have acted fairly and in good faith. If they acted unethically, they may be denied relief.

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Short Lease

A lease for three years or less, which can be created orally if the tenant has immediate possession and pays reasonable rent.

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Third Party Rights

The right to use or occupy land, which can be legal or equitable, and affects how land can be used, transferred, or occupied.

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Legal Third Party Rights

Third party rights recognized and enforced by law, offering the strongest protection.

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Equitable Third Party Rights

Third party rights created and recognized by courts based on fairness and good conscience. They are less formal but still protected.

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Overriding interest

An unregistered right to land that can bind a new owner, even if it wasn't formally recorded.

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Actual Occupation

A right to land that's based on physically being on the land, not just having legal documents.

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How Actual Occupation Binds New Owners

If someone is in actual occupation of the land, their unregistered right can bind someone buying it, even without registration.

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Exceptions to Actual Occupation Binding

A purchaser of land may not be bound by an unregistered right if the occupation is not obvious and the person didn't disclose their right when asked.

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Williams & Glyn's Bank Ltd v Boland

A case where a wife's continuous physical presence in a house registered in her husband's name was enough to override a mortgage.

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Abbey National Building Society v Cann

A case where a mother's brief occupation before a mortgage was finalized was not seen as 'actual occupation' enough to override the mortgage.

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Key factors of actual occupation

The physical presence on the land along with the intention to live or use it.

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Actual occupation vs. mere possession

Actual occupation must involve more than just having possessions on the land; it requires an intention to live or use it.

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Land Registration System

A system that records details of land ownership and interests in land, enhancing clarity and protecting buyers.

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Conveyancing in Registered Land

The process of transferring ownership involving an initial agreement and later formal transfer through a legal document.

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Land Registration Act (LRA) 2002

A legal act that requires registration of certain interests in land to protect them against future buyers.

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The Register

The official record for a property, divided into sections for key information including land details, ownership, and burdens.

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Property Register

Describes the land itself, any easements (rights to use someone else's land), and other benefits associated with the property.

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Proprietorship Register

Lists the legal owners, restrictions on how they can deal with the land, and the price of the property.

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Charges Register

Records burdens, like mortgages, covenants (restrictions on use), or leases, that are placed on the land.

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Registrable Dispositions

Interests in land that must be registered to bind future buyers, like long leases, easements, and mortgages.

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Easement

A right to use another person's land for a specific purpose, such as access or drainage. It can be established explicitly with a deed, or implicitly over time by continued use.

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Short Legal Lease

A lease that is valid for 7 years or less. It doesn't need to be registered to be binding on the buyer. Examples include short-term rental agreements or tenant licenses.

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Implied or Prescriptive Easement

An easement (right to use) that's established through implied or prescriptive means. It's not recorded in official documents but can still be valid.

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Interests of Persons in Actual Occupation

When someone physically occupies a property and possesses a right to it, they are considered to have an overriding interest, even if it isn't officially registered. This applies to homeowners, tenants, or even squatters in some cases.

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Overreaching

A legal concept where a buyer pays money to two trustees who hold the property's title. This transfers the beneficial interest in the property to the buyer, even if there are unregistered interests.

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Williams & Glyns Bank v Boland

Mrs. Boland's right to live in her home was legally protected, even though it wasn't registered, because she lived there. This case shows that actual occupation creates overriding interests.

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Abbey National v Cann

Moving furniture alone isn't enough to establish that someone is 'in actual occupation' of a property. There must be a more substantial presence.

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What is Joint Tenancy?

Joint tenancy is a form of co-ownership where all owners have equal rights and interests in the property. If one owner dies, their share automatically passes to the surviving owners.

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What is Tenancy in Common?

Tenancy in common is a form of co-ownership where each owner has a distinct share in the property and can pass that share on to their heirs.

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What is severance in co-ownership?

It can refer to different methods of ending or modifying a joint tenancy. It might happen through a written agreement, a transfer of ownership, or even actions that imply a change in ownership intentions.

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What are implied trusts in co-ownership?

An implied trust is a legal mechanism where a court recognizes an ownership relationship even without a formal agreement. It happens when someone contributes to a property but is not officially recognized as an owner.

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What is overreaching in land law?

This principle ensures that a buyer of a property gets a fully cleared title, even if there were any unknown or previously unrecorded ownership claims.

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What is a lease?

A lease is a legal agreement that gives someone the right to use and occupy a property for a fixed period of time, with certain terms and conditions.

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Who is a landlord?

A landlord is the person who owns the property and gives someone the right to occupy it.

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Who is a tenant?

A tenant is the person who occupies a property under a lease agreement and pays rent.

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Dominant Tenement

The property that benefits from an easement.

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Servient Tenement

The property that is burdened by an easement.

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Positive Easement

An easement that allows someone to do something on the servient land, like building a driveway.

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Negative Easement

An easement that prevents someone from doing something on the servient land, like restricting building height.

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Express Easement

An easement created through a written agreement, often in a deed.

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Implied Easement

An easement created without a written agreement, based on factors like necessity or common intention.

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Prescriptive Easement

An easement acquired through continuous, open, and uninterrupted use of another's land for a long period (usually at least 20 years).

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Study Notes

Land Law Contents

  • Land Law is divided into units, covering various topics, including third-party rights, fixtures/chattels, and enforceability of interests.

Unit 1: Third Party Rights & Interests & Fixtures and Chattels

  • Definition of land: Includes land of any tenure, mines and minerals, buildings (horizontal/vertical divisions). Other tangible, permanent things are included in the definition.
  • Fixtures versus Chattels: Fixtures are permanently attached to land, while chattels are movable items. The method and purpose of attachment are crucial to determining whether something is a fixture or chattel.
  • Key cases: Bernstein v Skyviews, Berkley v Poulett, D'Eyncourt v Gregory, Leigh v Taylor, and Elitestone Ltd v Morris.

Unit 2: Enforceability of Third-Party Interests

  • Unregistered System: Before 1925, land was unregistered. Ownership was proved through a chain of title (epitome of title). Disadvantage: risk of forged deeds and missing documents.
  • Land Charges System (since 1926): Requires registration of third party interests (estate contracts, restrictive covenants). Failure to register voids the right for security.
  • Pre-1926 Rules: Easements and interests created before 1926 have different rules for enforceability.
  • Overriding Interests: Interests that bind a purchaser even if not registered e.g., actual occupation of someone. This is dependent on careful scrutiny (Schedule 3, LRA 2002.)

Unit 3: Registered System (Including Overriding Interests)

  • Registered Land System: Land is registered in a public register, improving the ease of tracing interests. Contains property, proprietorship and charges registers.
  • Proof of Ownership: Ownership is transferred through a registered deed on the registry..
  • Third-Party Interests: Categorized into registrable dispositions, interests affecting a registered estate, and overriding interests.
  • Overriding Interests in Detail: Specific examples of overriding interests, such as short legal leases, legal easements, and interests of persons in actual occupation, are detailed.

Unit 4: Co-ownership

  • Definition: Co-ownership occurs when two or more people hold concurrent interests in the same property.
  • Express/Implied Trusts: Co-ownership can be expressed in formal agreements or implied by circumstances, like contributions.
  • Forms of Co-ownership: Joint tenancy (single unit, interest passes to survivor) and tenancy in common (distinct shares, inheritable by will).
  • Severance of Joint Tenancy: A joint tenancy can be severed so the interest passes by will or other means.
  • Statutory Rules: Explains co-ownership rules from the TLATA (Trusts of Land and Appointment of Trustees) Act 1996.

Unit 5: Leases and Leasehold Covenants

  • Lease Definition: A lease creates both a contractual and property interest.
  • Essential Characteristics of a Lease: Landlord/Tenant relationship, certain duration and exclusive possession, rent (though not a mandatory feature).
  • Licenses: A license differs from a lease as it does not grant exclusive possession. It is permission to use a property for limited time and purpose.
  • Leasehold Covenants: These can be implied or express covenants. They can be enforced on the tenant or the landlord.

Unit 6: Freehold Covenants

  • Freehold Covenants: Restrict the use of land, commonly found in property sales. These are agreements that run with the land.
  • Passing the Benefit (common law and equitable): Explains the rules surrounding who is allowed to benefit and enforce covenants on future owners..
  • Passing the Burden: Looks at the circumstances and rules surrounding transferring the obligation to comply with a covenant.

Unit 7: Easements

  • Definition: Easements are rights to use someone else's land for a particular purpose, e.g., right of way, way through the land to access another property.
  • Essential Characteristics: There must be a dominant (benefiting) and servient (burdened) piece of land . They must be separate ownership, must benefit dominant land and capable of grant.
  • Creation Methods: Common methods of creating easements, including express grant, implied grant and prescription.
  • Definition of a Legal Mortgage: A legal charge on land as security for a loan.
  • Methods of Creation: Explains the creation by deed or lease.
  • Priority Rules: Priority of mortgages is determined via registration order under the registered land system.
  • Remedies for Mortgagees: Methods available for lenders to recover debts if the borrower fails in meeting their obligations e.g., suing for repayment, taking possession or sale.
  • Protection of Mortgages: Explains how different types of title deeds must be considered when trying to find the appropriate mortgage protection.

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Description

Explore the foundational concepts of Land Law in this quiz, focusing on third-party rights, fixtures, and chattels. Understand the differences between fixtures and chattels, and review key legal cases that shape these principles. Test your knowledge on how these concepts affect land ownership and interest enforceability.

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