Land Law Q1) c+d)

Question

c) What right does Curtis have in the property?

Answer 1

• 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

Answer 2

• A profit is a right to go on somebody else’s land and remove from that land something which exists there naturally – grazing rights

Answer 3

• Section 1 (2) LPA 925

Answer 4

Section 2 LP(MP)A 1989

Answer 5

profit must be created by deed

Answer 6

• And profit must not be created by deed

Answer 7

Contractual rights in land

Answer 8

profit must be created by deed

Answer 9

be in writing

Answer 10

must be signed by all parties

Answer 11

must incorporate all terms agreed by parties

Answer 12

validly executed

Answer 13

• Also the remedy of specific performance must be available (court order)

Answer 14

• Walsh v Lonsdale

Answer 15

• A minor interest is a property interest in registered land

Answer 16

• An equitable profit is a minor interest

Answer 17

• An equitable profit is not a minor interest

Answer 18

• Section 29 (1) Land Registration Act 2002

Answer 19

Section 1 LPA 1925

Answer 20

notice must be entered on the title register of the estate which is subject to the interest

Answer 21

enter a restriction on the title register of the estate which is subject to the interest

Answer 22

• Curtis’ equitable profit not protected – cannot enforce against Mark

Answer 23

• Curtis’ equitable profit protected – can enforce against Mark

Resource summary

	Created by nathan_hutchings over 11 years ago