c) What right does Curtis have in the property?
• An easement is a right of one landowner to make use of another nearby piece of land for the benefit of his own land – rights of drainage
• A profit is a right to go on somebody else’s land and remove from that land something which exists there naturally – grazing rights
In order for a profit to be legal the duration must be either perpetual or for a fixed and definite duration
• Section 1 (2) LPA 925
Section 2 LP(MP)A 1989
In order for a profit to be leagal
profit must be created by deed
• And profit must not be created by deed
• Equitable property rights
Contractual rights in land
• Section 2 LP(MP)A 1989 – In order for equitable contract to be valid its must
be in writing
must be signed by all parties
must incorporate all terms agreed by parties
validly executed
• Contract + Clean hands = Equitable right (Curtis has)
• Also the remedy of specific performance must be available (court order)
• Walsh v Lonsdale
d) Can Curtis enforce his right against Mark? Why or why not?
• A minor interest is a property interest in registered land
• An equitable profit is a minor interest
• An equitable profit is not a minor interest
A purchaser for value of a registered title will not be bound by minor interests which have not been properly protected
• Section 29 (1) Land Registration Act 2002
Section 1 LPA 1925
• For an equitable profit to be protected a
notice must be entered on the title register of the estate which is subject to the interest
enter a restriction on the title register of the estate which is subject to the interest
• Curtis’ equitable profit not protected – cannot enforce against Mark
• Curtis’ equitable profit protected – can enforce against Mark
