Estates & Future Interests in Land Law - Textbook

ESTATES & FUTURE INTERESTS AND Legal & Equitable Interests in Land **Content** 1\. **The Doctrine of Estates** \(i) Estates of Freehold \(ii) Estates less than Freehold Creation and Transfer of Freehold Estates Modifications to the Fee Simple Remainders and Reversions 2\. Legal and Equitable...

ESTATES & FUTURE INTERESTS AND Legal & Equitable Interests in Land **Content** 1\. **The Doctrine of Estates** \(i) Estates of Freehold \(ii) Estates less than Freehold Creation and Transfer of Freehold Estates Modifications to the Fee Simple Remainders and Reversions 2\. Legal and Equitable Interests in Land 1. 2. 3. 4. 5. **1. The Doctrine of Estates** **An estate is essentially an interest in land.** Estates have two essential characteristics: - - **Two types of estate exist:** 1\. Estates of Freehold - - - - - - - - - - - - **Features of freehold estates** **Seisin:** - - - - - **2. Estates Less Than Freehold** Leasehold estates (Covered in the Real Property Law unit.) - **CREATION and TRANSFER of FREEHOLD ESTATES** **Conveyance of Estates in Old System Title:** Feoffment with livery of seisin (conveyance and delivery of possession). Common law required the correct form of words to be used (called words of limitation). - - Ss 23, 37 PLA: A disposition will pass the whole estate unless a contrary intention appears. **FEE SIMPLE** - - - - - - - - - - - - - Determining event catchwords: While, During, as long as, until... Conditional catchwords: On the conditions that, but if, if it happens that provided that... **REMAINDERS AND REVERSIONS** Estates which provide for [interests in land falling into possession at some future date] may be either remainders or reversions. A remainder: - - A reversion: - **2. Future Interests in Land** A future interest is an interest which confers a right to the enjoyment of the land at a future time. - - - - Future interests created during the grantor's lifetime are governed by the PLA s 26. It is arguable therefore that the strict common law rules do not apply to such future interests. **PART 2 - Legal and Equitable Interests in Land** **The nature of legal and equitable interests in land** Consider how/why legal and equitable interests exist in the one piece of land? (Rooted in chancery courts in past... (King could not alter law of land thus equity allowed for injunctions ) Therefore, it is possible for the legal and equitable estates in land to be vested in different people. It is this which allows the rules of Equity to affect Land Law. (Bona fide = good faith) (Without notice = without knowledge) **2. The types of legal and equitable interests in land.** Types: - - - - - - -  - - **Classic case:** **Walsh v Lonsdale\ **(1882) 21 ChD 9 What is the position of a tenant/landlord under an equitable lease? Jessel MR: "Where the tenant holds under a[n agreement for a lease of which specific performance will be ordered,] then he holds under the sa[me terms in equity as if a formal lease had been granted".] Consider: "An equitable lease in the nature of a contract to grant a lease is as good as a legal lease". - - - - - **3. Statutory requirements to create legal and equitable interests in land.** **See:** PLA s 34 (1)(a): No interest can be created except by [writing and signed]. PLA: 33 (1): Conveyances of land are void for the purpose of conveying or creating a legal estate [unless made by deed.] - PLA s 35 (1): Creation of interests in land by parol, and not put in writing and signed, [have the force and effect of an interest at will only.] **Legal interests in old system land:** **S 33 (2)(d) PLA -- conveyances of legal interests in land should be in a deed.** S9 PLA -- re formalities for a deed. S7 PLA: Conveyance includes a mortgage, charge, lease, assignment, appointment, transfer, assent, vesting declaration, disclaimer, release, surrender, extinguishment and every other assurance of property or of an interest therein by any instrument, except a will; and convey has a corresponding meaning. S 4 Statute of Frauds (SOF): Agreement evidenced in writing and signed by the lessor. Note: The Statute of Frauds remains operational in Western Australia: Section 2 Law Reform (Statute of Frauds) Act 1962 (WA): Statute of Frauds 1677 s 4 applies in amended form. **Legal interests in Torrens Title land** - - **What are the statutory requirements to create equitable interests in land** **S 34 All interests in land should be in writing and signed.** **34 (1) Subject to this Act with respect to the creation of interests in land by parol:** **No interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, of by the person's agent lawfully authorised in writing, or by will, or by operation of law.** **(b) A declaration of trust respecting any land or any interest therein shall be manifested and proved by writing signed by a person who is able to declare the trust or by his will.** **Equitable interests in Torrens land:** - **Enforceability of contracts for the transfer of an interest in land** S 35 PLA: Any interest in land created by parol and not put in writing and signed by the person so creating it, or by his agent thereunto lawfully authorised in writing has, notwithstanding any consideration having been given for the interest, the force and effect of an interest at will only. Contracts concerning land will be interests at will and unenforceable unless there is in existence: - - - A full contract will contain the 4 P's Price, property, parties and promises.Agreement must be concluded **4. Exceptions to the statutory requirements for the creation of legal and equitable interests in land.** **(i) The Equitable Doctrine of Part Performance.** - - - - **Regent v Millet** **5 Requirements to establish part performance:** 1. a. b. 2. c. d. e. f. **Example Case Kingswood Estate Co Ltd v Anderson 1963** Facts: - - - - - - - - - Held**:** **Remember different acts** with different levels of sufficient part performance conclude: See each case as circumstances matter, Examples; - - - - - 3. 4. 5. **SUMMARY Outline - Equitable Remedies** **Two possibilities:** **Injunction** - **Specific Performance** - - - - - **(ii) The Doctrine of Proprietary Estoppel** ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} https://careerinlaw.net/uk/case-summary-walsh-v-lonsdale-1882-21-ch-d-9[↩](#fnref1){.footnote-back} ::: 2. ::: {#fn2} https://s3.studentvip.com.au/notes/11633-sample.pdf?v=1482117278[↩](#fnref2){.footnote-back} ::: :::