Land Law

Frage	Antworten
Within what period must an application for first registration be made to HMLR?	Two months of completion
What is overreaching?	Overreaching is a legal process where a buyer may take free of a beneficiary's interest under a trust. The purchase money is paid to a minimum of two trustees and this payment transfers the interest of the beneficiary from the land to the money.
Define Overriding	Overriding interests are those that are binding on both the registered proprietor and the person who may be acquiring an interest in the property despite the fact that they do not appear on the affected register of title.
What is severance?	Severance is a process whereby a joint tenancy in equity can be severed.
What is declaration of trust?	Declaration of Trust sets out the agreement between co-owners as to how their beneficial interest is to be held.
What are the 3 characteristics for a lease or tenancy?	1) exclusive possession 2) for a fixed or periodic term certain 3) in consideration of a premium or periodic payments
Characteristics of easement	1) There must be both dominant and a servient tenement 2) the easement must benefit the dominant tenement (a mere personal right will not suffice) 3) the dominant and servient tenement must be in separate ownership 4) the right must be of a type recognised as capable of being an easement
What is easement by prescription?	Easement by prescription can be established only by 20 years' use and must be under claim of right
Restrictive covenant	An agreement by a landowner to refrain from doing something on the land
Easement	Easement is a right attached to one piece of land to use the land of another in some way-such as a right of way over someone else's land
Positive covenant	Positive covenant is an agreement by a landowner to do an act in relation to their land (rather than an agreement to refrain from doing an act).
Mortgage	Mortgage is an interest over land that secures an obligation by allowing the mortgage holder to sell the land to satisfy the obligation secured by debt if there is a default on the obligation
Profit a prendre	Profit a prendre is the right to take something from the land of another
What is the minimum period of ownership that the title deeds must demonstrate?	15 years
How many months the solicitor has to apply for first registration of title to land?	Within 2 months of completion
What is the minimum period of adverse possession?	In the registered system, minimum period of adverse possession is 10 years; after 10 years, the squatter may apply for registration of title. The applicant will have to show that they have actual physical possession of the land; possession is exclusive to the applicant, and that possession of the land is without permission of the landowner
Profit à prendre appurtenant	An interest in land attached to another piece of land which enables the owner of the interest to take something from the land of another & which may not be registered with its own title at HMLR
Easement	A right which exists over a piece of land which benefits a different piece of land
Right of entry	An interest in land securing an obligation which gives the interest holder the right to sell the property if there is a breach of obligation in order to satisfy the obligation
Profit à prendre in gross	An interest in land independent of other land which enables the owner of the interest to take something from the land of another and which may be registered with its own title at HMLR.
Concurrent interest	A number of legal and equitable interest can exist in land at the same time
Characteristics of Valid Deed	It must be in writing, must be executed as a deed, must be clear that it was intended to be a deed
Contract for Land features	- There must be an offer by one party and acceptance by another - there must be consideration, -there must be an intention to create legal relations, -all parties must have legal capacity
If title is unregistered, which of the following are necessary to deduce title?	A good root of title, an unbroken chain of ownership to the current owner, must be at least 15 years old at the date of contract
Epitome of title	A collection of copies of documents of title to property along with a chronological list of documents included
When does title pass with respect to a sale of unregistered land?	On completion of sale (that is, when the price is paid and a document of transfer is handed to the buyer's solicitor)
Restrictive covenant	D(ii) land charge
Estate contract	C(iv) land charge
Rights of non-owning spouses/civil partners	Class F land charge
Equitable easement	D(iii) land charge
Puisne mortgage	C(i) land charge
For how long must a person occupy unregistered land in order for the legal owner to lose the right to recover the land?	12 years
Which factors will trigger an application for first registration?	- A conveyance on sale of freehold land - A deed of gift - An assent - grant of a lease for a term exceeding 7 years - assignment on sale of a lease having an unexpired term exceeding 7 years
Absolute freehold title	The registered proprietor takes the legal estate together with all interests subsisting for the benefit of that estate
Possessory title	A class of title based on factual possession of the land rather than documentary evidence
Good leasehold title	A class of title for which freehold title has not been produced to HMLR on application to register the lease
Qualified title	A specified interest is excepted from the effect of registration
Absolute leasehold title	HMLR has inspected all superior leasehold titles and the freehold title
When a tenant in common dies, what happens to their interest in the property?	It passes through the laws of intestacy or to whomever the tenant in common designates in their will
When a joint tenant dies, what happens to their interest in the property?	It vests in the surviving joint tenants
How many people may own the legal estate?	The legal estate may ns held by mo more than 4 trustees
When will a tenancy in common be appropriate?	- When the owners do not want survivorship to apply - when the owners have contributed in unequal shares to the purchase price - when the owners have entered into a commercial transaction, for example business partners
How joint tenancy can be severed?	- If a joint tenant of a beneficial interest sells their intetest in land - If a joint tenant of a beneficial interest is declared bankrupt
Reversion	Interest held by the fee simple owner
Headlease	The name applied to the lease given by the fee simple owner
Subtenant	The name applied to the person with the 10 year lease
Underlease/Sublease	Agreement between the person with thec20 year lease and the person with the 10 year lease
What are the Types of Lease?	1. Fixed term tenancies - a tenancy for a fixed term, such as 10 years 2. Periodic tenancies - Tenancy defined by a period of time such as 'yearly tenancy' 3. Reversionary lease - a lease which takes effect at some point in future 4. Tenancy at will - personal arrangement between landowner and another party which is not an estate in land 5. Lease void for uncertainty- Lease where the term is uncertain
Key characteristics of Lease	- Exclusive possession - For a fixed or periodic term certain - In consideration of a premium of periodic payments
Covenant quiet enjoyment	It prohibits the landlord from interfering physically or in any other way with the tenant's enjoyment of the property or allowing the lawful activities of other tenants to do so.
Qualified alterations covenant	A covenant which prohibits a tenant from making non-structural alterations to the leased premises without the consent of landlord
Absolute bar on alteration	A covenant which prohibits a tenant from making non-structural alterations to the leased premises
Jervis v Harris Clause	A clause in a lease that gives the landlord the right to enter the premises and to make a repair if the tenant breaches a covenant of repair, the landlord gives the tenant notice of the work to be done, and the tenant fails to comply
Lease clause before 1 Jan 1996	The original landlord and the original tenant remain liable to each other under the lease for the entire lease period unless one of them expressly releases the other
Authorised Guarantee Agreement	The outgoing tenant will act as guarantor fir his immediate successor in title
Define Assignment	The tenant disposes of his entire interest in his lease
Define Subletting	The tenant disposes of less than his entire interest in his lease
Servient tenement	The land over which a right is enjoyed and which takes the burden
Dominant tenement	The land enjoying the benefit of a right
Easement by implied grant or reservation	An easement where part pf a landholding is sold, the parties have not expressly provided for an easement, but one is needed for the buyer to use and enjoy the land purchased, such as where the land otherwise would not have access to a road
Easement by prescription	An easement acquired through long use
Easement by express grant or reservation	A landowner grants the rights to benefit land being sold or reserves rights to benefit retained land.
Mortgagor	Person who borrows money and grants a mortgage on their property to secure the loan
Mortgagee	The person who lends money and takes a mortgage on the property of another to secure the loan
How can equitable mortgage be created?	-Where the charge states that it is to take effect in equity only - Where the mortgagor owns an equitable interest only and does not subsequently acquire the legal estate - Where there is a contract tovxreate a legal mortgage that is defective in some way
What is the priority rule for equitable mortgage?	The rule for priority of an equitable interest against another equitable interest is that generally the first in time takes priority
What is the period for taking enforcement action?	Within 4 years of the property built
What are the conditions in which a covenant will be enforceable by a coventee's successor?	1) the covenant touches and concerns the land of the covenantee 2) the covenant was intended to run with the legal estate held by the covenantee 3) at the time the covenant was made, the covenantee held the legal estate in the land to be benefitted 4) the assignee of the original covenantee now holds the legal estate
How do banks protect its interest in case of registered and unregistered land?	registered land: By registering a second charge on the charges register of title, which will also include any encumbrances. unregistered: bank would protect their charge by registering a puisne mortgage (C(i)) on the Land Charges Register
When does prescriptive right of use of land arise?	A prescriptive right of use of land arises as of right if it is used for more than 20 years
When is the power of sale exercisable by the bank/mortgagee?	1) when the interest payments are more than 2 months in arrears 2) there has been a written request for repayment of the capital and 3 months have passed without payment 3) there is a breach of some other term of the mortgage
Difference between charges register and property register	Charges register- indicates any encumbrances which affect the land. Property register- indicates whether title is freehold or leasehold and gives the address of the property and details of any rights which benefit the land
Form A restriction	Form A restriction restricts disposition by a sole proprietor and is used to protect a behind-the-scenes tenancy in common in relation to co-owners
When does legal title transfer to the buyer?	In the registered land system, title does not pass from the seller to the buyer until registration of the disposition is completed at HMLR.
Forfeiture	Forfeiture is the right of the landlord to re-enter the premises and bring the lease to an early end due to default by the tenant.
What are the legal conditions for a short lease to take effect?	1) lease must be 3 years or less 2) may be created in writing or orally without a deed 3) tenant takes possession of the lease premises 4) lease is at market price rent
Qualified covenant	the words 'without the landlord's written consent' make this a qualified covenant. With a qualified covenant, statute will assist the tenant and provides that the landlord cannot unreasonably withhold their consent, which the landlord appears to be doing.

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