Land Law

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  • Created by: khanta
  • Created on: 02-03-19 15:35
What is the Doctrine of Tenure?
All land is owned by the Crown.
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What are Concurrent Rights?
When 2 or more people are entitled to enjoyment of the land.
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What are Consecutive Rights?
When 2 or more people are entitled to enjoyment of the land in succession, e.g. by will.
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Define 'Restrictive Covenant'
A right one person has over someone else's land restricting use of it.
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Define 'Easement'
A right over someone's land to perform a duty on it, e.g, walk over it.
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Define 'A Profit' (Legal Interest)
A right to take crops or animals from the owner's land.
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Define 'Mortgage'
A right to repayment of a debt, attached to the land as security for the debt.
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What is 'imputed notice'?
Where the purchaser's agent has actual/constructive notice.
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What is 'constructive notice'?
Purchaser is bound where he would have discovered the equitable interest through the usual searches, i.e investigating the title deeds and inspecting the land.
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What is deemed 'actual notice'?
Actual knowledge of an equitable interest.
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Who is Equity's Darling?
Bona fide purchaser for value of the legal estate without notice
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What contains overriding interests which exist on first registration?
Schedule 1
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What contains overriding interests that exist on a subsequent disposal of the land?
Schedule 3
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What percentage of land is registered (roughly) in England and Wales according to the answer given to Kelly?
85%
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What is the idea behind the mirror principle?
That all material facts relating to estates and interests over land are displayed on the register.
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What is the idea behind the curtain principle?
Purchasers need not look behind the register at the operation of any trusts.
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What is the idea behind the insurance principle?
Compensation will be given where there is a flaw on the register which fails to reflect title.
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Which act says that a purchaser is bound by an entry on the register?
S.26(2) LRA 2002
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What governs unregistered land?
Land Charges Act 1972
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What governs registered land?
Land Registration Act 2002
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"Cinema seats were fixed to a certain extent but were easily removeable. The purpose of the land was for use as a cinema and so they were fixtures."
Vaudeville Electric Cinema v Muriset
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"Central heating equipment was leased by a local authority but fixed into council houses. The purpose of the central heating is as part of the house, so it was a fixture."
Melluish v BMI
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"Chalet bungalows were resting on concrete blocks but were not attached. They were considered land."
Elitestone v Morris
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Which section contains the 'fee simple absolute in posession'?
S.1(1)(a) LPA
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In 'fee simple absolute in possession', what does 'fee' mean?
An inheritable interest in land.
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In 'fee simple absolute in possession', what does 'simple' mean?
It can be inherited by a persons heirs.
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In 'fee simple absolute in possession', what does 'absolute' mean?
The estate can only be owned by one legal individual.
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In 'fee simple absolute in possession', what does 'possession' mean?
The person is entitled to enjoy the land.
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Which section says that all other interests, other than correctly-formed legal interests, are equitable?
S.1(3) LPA 1925
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Which section says that legal estates and interests must be created by deed?
S.52 LPA
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Which section contains the formalities for creating equitable interests?
S.2(1) LP(MP)A
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What are the consequences of failing to register a post 1925 restrictive covenant created over unregistered land as an appropriate land charge?
The restrictive covenant will not bind a purchaser of a legal estate for money or money's worth but will bind any other person.
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At what stage upon purchasing an unregistered freehold estate, will the purchaser acquire legal title to the land?
Completion of a valid deed
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According to which statutory section will interests that have been appropriately registered as a land charge bind anyone coming to the land over which they exist?
Section 198 LPA 1925
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What type of land charge should be registered to protect an estate contract?
Class C(iv)
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Which section says that for overreaching to occur, the purchaser must pay the purchase money to at least 2 trustees or a trust corporation?
S.27 LPA 1925
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Which section sets out equitable interests that cannot be overreached?
S.2(3) LPA 1925
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What process allows the legal owner to sell the land without the owner of the equitable interest knowing/agreeing?
Overreaching
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What is the leading case on overreaching blocking out equitable interests, as mentioned non-stop by ***** ****?
City of London Building Society v Flegg
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What section contains 'Notices'?
S.32 LRA
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What section contains 'Registrable Dispositions'?
S.27 LRA
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What section contains 'Restrictions'?
S.40 LRA
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Which section states that registrable dispositions MUST be registered to be legal?
S.27(1) LRA
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Other cards in this set

Card 2

Front

What are Concurrent Rights?

Back

When 2 or more people are entitled to enjoyment of the land.

Card 3

Front

What are Consecutive Rights?

Back

Preview of the front of card 3

Card 4

Front

Define 'Restrictive Covenant'

Back

Preview of the front of card 4

Card 5

Front

Define 'Easement'

Back

Preview of the front of card 5
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