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Study sets matching "land law"

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Study sets matching "land law"

121 terms
Land law
What do you own in relation to land?
What is the biggest estate in land you…
How do you acquire a legal estate/inte…
Matchitt v Whangara B20 Incorporation
Not the land itself, but an estate in the land
A fee simple- this is a bundle of rights which includes posse…
Registration
> Trespass- "an unjustified direct interference with the land…
What do you own in relation to land?
Not the land itself, but an estate in the land
What is the biggest estate in land you…
A fee simple- this is a bundle of rights which includes posse…
8 terms
Land law: Unregistered Land
Midland Bank v Green
Land Charges Act 1972 class C (iv)
Land Charges Act 1972 class D (ii)
Land Charges Act 1972 class D (iii)
Son did not register the option to buy his fathers farm, fath…
Estate contracts
Restrictive covenants
Equitable easements
Midland Bank v Green
Son did not register the option to buy his fathers farm, fath…
Land Charges Act 1972 class C (iv)
Estate contracts
32 terms
Land Law - Registered Land
LRA 2002, s 27(2)(b)(i)
LRA 2002, s 27(2)
LRA 2002, s 27(2)(d)
LRA 2002, s 28
Each leasehold for a term exceeding 7 years has its own three…
Full list of estates, interests and transfers which, in regis…
Expressly granted easements must be registered to be legal
General rule that all interests in registered land will be bi…
LRA 2002, s 27(2)(b)(i)
Each leasehold for a term exceeding 7 years has its own three…
LRA 2002, s 27(2)
Full list of estates, interests and transfers which, in regis…
21 terms
Land Law - Interests in Land
LPA 1925, s 1(2)
LPA 1925, s 1(3)
LPA 1925, s 52(1)
LP(MP)A, s 1
Lists five legal interests in land - easements, rentcharges,…
Equitable interests in land
Interests in land must be created by deed to be lega
Sets out requirement for a deed
LPA 1925, s 1(2)
Lists five legal interests in land - easements, rentcharges,…
LPA 1925, s 1(3)
Equitable interests in land
11 terms
Land law: Registered Land
S4-8 LRA
S34 LRA
S40-47 LRA
Para 1 Sch3 LRA 2002
Triggering event, any transfer of ownership of land
Notice of equitable interest
Entering a restriction on the register, alerts purchaser to l…
Legal leases under 7 years are protected as an unregistered i…
S4-8 LRA
Triggering event, any transfer of ownership of land
S34 LRA
Notice of equitable interest
58 terms
land law
s52 Law of Property Act 1925
s1 Law of Property (Miscellaneous Prov…
s205(1)(xix) Law of Property Act 1925
s1(1) Law of Property Act 1925
a deed is reqd to:... -transfer a legal estate or property right…
documents created on or after 31st July 1990... - Clear on its…
an estate in "possession": owner has immediate right to occup…
only 2 estates are legally capable of existing... -An estate in…
s52 Law of Property Act 1925
a deed is reqd to:... -transfer a legal estate or property right…
s1 Law of Property (Miscellaneous Prov…
documents created on or after 31st July 1990... - Clear on its…
26 terms
Land Law
D'Eyncourt v Gregory
H E Dibble v Moore
Taylor v Hamer
Bernstein v Skyviews
Lions
Greenhouse
Flagstones
Airspace
D'Eyncourt v Gregory
Lions
H E Dibble v Moore
Greenhouse
21 terms
Land law
Bernstein of leigh (baron) v skyviews…
Botham v tsb bank
Holland v hodgson
Leigh v taylor
Plane flew over house and took pic. C claimed D trespassed as…
When deciding whether sth is fixture or chattel, look beyond…
where chattel physically attached to the land this will prima…
physical attachment to land isn't always conclusive. Degree a…
Bernstein of leigh (baron) v skyviews…
Plane flew over house and took pic. C claimed D trespassed as…
Botham v tsb bank
When deciding whether sth is fixture or chattel, look beyond…
48 terms
Land Law
Common law on land ownership
Estate in fee simple
Trespass elements
Matchitt v Whangara B20 Incorporation…
Don't own land; own an interest in land
- Lawyer talk for 'real ownership'... - Bundle of rights includi…
- Direct interference with land... - In possession of another
- Facts: Property in occupation of Matchitt's who had been fo…
Common law on land ownership
Don't own land; own an interest in land
Estate in fee simple
- Lawyer talk for 'real ownership'... - Bundle of rights includi…
96 terms
Land Law - Trusts of Land
Types of ownership: successive ownership
Types of ownership: successive ownersh…
Types of ownership: concurrent ownersh…
Express trusts/trusts arising by law:…
🔹generally termed settlements... 🔹grant to A for life, to B for…
🔹strict settlements... Settled Land Act 1925... 🔹trusts for sale... La…
Williams & Glyn's Bank v Boland... Kingsnorth Finance v Tizard
🔹TOLATA will impose Trust of Land if not imposed... (was express…
Types of ownership: successive ownership
🔹generally termed settlements... 🔹grant to A for life, to B for…
Types of ownership: successive ownersh…
🔹strict settlements... Settled Land Act 1925... 🔹trusts for sale... La…
27 terms
Land Law
West Midlands
City of London Building Society v Flegg
Williams and Glyn's Bank v Boland
Abbey National Building Society v Cann
To explain when formal requirements apply to sales of land wh…
To show how the principle of overreaching operates
Registered and unregistered land... To show how an overriding in…
Registered and unregistered land... To explain, in an answer on…
West Midlands
To explain when formal requirements apply to sales of land wh…
City of London Building Society v Flegg
To show how the principle of overreaching operates
92 terms
Land Law
Key provision for getting title to land?
Exceptions to indefeasibility
Do volunteers get indefeasible title?
Tapsell v Murray
s 62 LTA. It confers "indefeasibility of title" which protect…
s 62:... - Mortgagee against mortgagor in default (banks)... - Less…
Yes, but are vulnerable to claims where they acquired from a…
A volunteer is not a bona fide purchaser for value and so wil…
Key provision for getting title to land?
s 62 LTA. It confers "indefeasibility of title" which protect…
Exceptions to indefeasibility
s 62:... - Mortgagee against mortgagor in default (banks)... - Less…
74 terms
Land Law - Dispositions of registered land
Powers of disposition... 🔹Pre 2002
Powers of disposition... - statute
Powers of disposition: owner's powers…
Powers of disposition: protection of d…
🔹Assumed registered proprietor had all powers of fee simple o…
ss.23-26 LRA 2002
🔹Prima facie registered proprietor is taken to have unlimited…
🔹persons dealing with registered proprietor are protected... 🔹fr…
Powers of disposition... 🔹Pre 2002
🔹Assumed registered proprietor had all powers of fee simple o…
Powers of disposition... - statute
ss.23-26 LRA 2002
9 terms
Land Law
Describe a caveat
Way of creating equitable interests
Land Transfer Act
Trespass by relation
Caveat is like an injunction. Order issued against the regist…
- Trusts (express: Spencer v Spencer, Constructive: Lankow v…
1) 'Instruments' on longer pass title; registration does... 2) E…
If the owner was out of possession at the time of trespass bu…
Describe a caveat
Caveat is like an injunction. Order issued against the regist…
Way of creating equitable interests
- Trusts (express: Spencer v Spencer, Constructive: Lankow v…
37 terms
Land law
s.205(1)(ix) LPA 1925
Tenure
Freehold tenure
Leasehold
Definition of land. Includes buildings, surrounding land and…
Relationship between land and person
Right to immediate enjoyment and use of the land, holding the…
Right to immediate enjoyment of land for fixed period of time
s.205(1)(ix) LPA 1925
Definition of land. Includes buildings, surrounding land and…
Tenure
Relationship between land and person
252 terms
Land Law
Hereditament
Advowson
Chattel
Fixture
Something which can be inherited
A right, such as being able to name the successor to the loca…
Movable items - not included in the sale of land
An item of personal property that may or may not be attached…
Hereditament
Something which can be inherited
Advowson
A right, such as being able to name the successor to the loca…
24 terms
Land Law
Alvis v Harrison
Harvey v Lindsay
Moncrieff v Jamieson
Inverness Knitters
Construe servitude to derive extent of use
Curling on Loch not use all year NO servitude
Ancilliary right of parking
ONLY for use of dominant tenement. ... Exercise Civiliter
Alvis v Harrison
Construe servitude to derive extent of use
Harvey v Lindsay
Curling on Loch not use all year NO servitude
30 terms
Land Law
Categories of land
Torrens system
LTA
LTA s37
Maori Customary Land-very little left, that of Tikanga Maori…
Established by Torrens, as a means of promoting cheaper, more…
Title comes from registration... Focusses on parcels of land... Tit…
Title priority is determined by time of registration, not dat…
Categories of land
Maori Customary Land-very little left, that of Tikanga Maori…
Torrens system
Established by Torrens, as a means of promoting cheaper, more…
34 terms
Land Law
1 Bocardo 2010
1 Bernstein 1978
1 Botham 1996
1 Keay 2012
License to search for and get petroleum. However drilled diag…
Claim by landowner for trespass in respect of flights over hi…
distinction between fixtures and fittings. 6
Application of s.2 LP(MP)A 1989. K contracted to sell land to…
1 Bocardo 2010
License to search for and get petroleum. However drilled diag…
1 Bernstein 1978
Claim by landowner for trespass in respect of flights over hi…
69 terms
Land law
Williams v Jones
Bucks CC v Moran
Graham
Stadium Capital v St Marylebone Proper…
Intention to exclude world
Intention to possess
Lord Browne-Wilkinson 'using for same purpose'
Used for same purpose = no intention to AP
Williams v Jones
Intention to exclude world
Bucks CC v Moran
Intention to possess
10 terms
Laws of the Land
Policy
Political institution
Society
Legislative
a rule or law that is developed through a process
a significant organization or practice that guides the politi…
a group of people bound together by the same culture or way o…
the branch of government that makes the laws.
Policy
a rule or law that is developed through a process
Political institution
a significant organization or practice that guides the politi…
30 terms
LAND LAW
Street v Mountford
s. 54(2) LPA 1925
Walsh v Lonsdale
Lloyd v Dugdale
D has signed a document stating it was a licence, however she…
any lease under 3 years can be legal without any formalities…
lease can be equitable if s.2 LPMPA 1989 met
licence personal right, only binding parties created it
Street v Mountford
D has signed a document stating it was a licence, however she…
s. 54(2) LPA 1925
any lease under 3 years can be legal without any formalities…
79 terms
Land Law
Pwllbach
Ellenborough Park
Moody v Steggles
Hill v Tupper
Colliery not specifically defined easement enough
Normal enjoyment of the land. Matrix of facts = judicial disc…
Pub sign
Boats too commercial. Contract to fall back on.
Pwllbach
Colliery not specifically defined easement enough
Ellenborough Park
Normal enjoyment of the land. Matrix of facts = judicial disc…
151 terms
Land Law
Kingsnorth Finance Co Ltd v Tizard
Boland per Lord Wilberforce
Lloyds Bank plc v Rosset (per Lord Nic…
Abbey National v Cann (per Lord Oliver)
statutory overreaching (not achieved as only paid to one trus…
actual occupation - 'ordinary words of plain English', to int…
actual occupation - adapting to different forms of property,…
actual occupation - must be 'some degree of permanence and co…
Kingsnorth Finance Co Ltd v Tizard
statutory overreaching (not achieved as only paid to one trus…
Boland per Lord Wilberforce
actual occupation - 'ordinary words of plain English', to int…
14 terms
Land Law- Registered Land
LRA 2002 s 28
LRA 2002 s 32
LRA 2002 s 38 notice
LRA 2002 s29 (2)
States that all interests in registered land will be binding…
a s32 notice is to ensure that all minor interests are protec…
Reigsters easement on registered land
Purchaser for value of land will take land free of interest (…
LRA 2002 s 28
States that all interests in registered land will be binding…
LRA 2002 s 32
a s32 notice is to ensure that all minor interests are protec…
16 terms
Land Law
2 estates available to become legal
Legal interests
How to make a deed?
Deed conveyance
Fee Simple and Leasehold (LPA 1925 s1(a),(b))
LPA 1925 s2
LP(MP)A 1989 s1
LPA 1925 s52
2 estates available to become legal
Fee Simple and Leasehold (LPA 1925 s1(a),(b))
Legal interests
LPA 1925 s2
71 terms
Land law
Transfer must be by Deed
Degree of Attachment
Purpose of Attachment
Permanence of Attachment
S52 LPA 1925
Holland v Hodgson 1872
Leigh v Taylor 1902... D'Eyncourt v Gregory 1866
Botham v TSB Bank Plc 1996
Transfer must be by Deed
S52 LPA 1925
Degree of Attachment
Holland v Hodgson 1872
9 terms
Land Law- Unregistered Land
Puisne Mortgage
Exceptions to being bound by legal int…
Interests subject to registration unde…
Class C charge
legal mortgage over legal estate not protected by the deposit…
Puisne mortgages
a) not legal ... b) Not overreachable ... c)Not still subject to th…
C (i): Used for puisne mortgage ... C (ii): Limited Owner's Char…
Puisne Mortgage
legal mortgage over legal estate not protected by the deposit…
Exceptions to being bound by legal int…
Puisne mortgages
9 terms
LAND LAW
land
Estate
Tenure
Equity
...
...
...
...
land
...
Estate
...
13 terms
Land Law
s1(1) LPA 1925
s1(2) LPA 1925
Lace v Chantler
Street v Mountford
only 2 possible estates in land
only 5 possible legal interests in land
must have certainty of term for leasehold
exclusive possession is defining criterion of tenancy
s1(1) LPA 1925
only 2 possible estates in land
s1(2) LPA 1925
only 5 possible legal interests in land
5 terms
Land Law
Walsh v Lonsdale
Coatsworth v Johnson
Parker v Taswell
Ladies Hosiery and Underwear v Parker
equity prevails
no clean hands = no specific performance
specific performance denied only if breach is "gross and wilf…
periodic tenancy calculated with rent calculations (and NOT r…
Walsh v Lonsdale
equity prevails
Coatsworth v Johnson
no clean hands = no specific performance
34 terms
land law
Chokkar v Chokkar
Link Lending v Bustard
Midland Bank v Green
Bank of India v Sood
person in actual occupation - unregistered land
actual occupation exists, even if there is substantive reason…
unregistered land charge is void against purchaser
where there is no capital money, the purchaser does not have…
Chokkar v Chokkar
person in actual occupation - unregistered land
Link Lending v Bustard
actual occupation exists, even if there is substantive reason…
13 terms
Land Law
National Provincial Bank v Ainsworth (…
LPA 1925... Section 1... P.45
LP(MP)A 1989... Section 1 ... P.237
LP(MP)A 1989... Section 2... P.237
Concerned whether a wife's right to live in her home in her f…
(1) The only estates in land which are capable of subsisting…
(2) An instrument shall not be a deed unless - ... (a) it makes…
Concerns contracts for sale etc. of land which may meet the f…
National Provincial Bank v Ainsworth (…
Concerned whether a wife's right to live in her home in her f…
LPA 1925... Section 1... P.45
(1) The only estates in land which are capable of subsisting…
190 terms
Land law
Commentator on Mexfield. Says is a wel…
Commentator on actual occupation. Enti…
Case giving an example of a property r…
Case giving example of a personal righ…
Ahuja
Bogusz
Victoria Park Racing v Taylor (1937)
National Provincial Bank v Ainsworth
Commentator on Mexfield. Says is a wel…
Ahuja
Commentator on actual occupation. Enti…
Bogusz
53 terms
Land Law
I... R... A... C
How to determine a proprietary right
Doctrine of Tenure
Elitestone v Morris
Issue... Rule... Application... Conclusion
1. Must be in the list setup within S1 LPA 1925... 2. Definition…
Crown is the owner of all land. Landholders hold the land as…
-Bungalow deemed fixture... -Couldn't be removed unless demolish…
I... R... A... C
Issue... Rule... Application... Conclusion
How to determine a proprietary right
1. Must be in the list setup within S1 LPA 1925... 2. Definition…
57 terms
Land law
Kenny v Preen
Southwark LBC v Mills
S.1(3) Protection from Eviction Act 19…
Smith v Marrable
Quiet enjoyment - the exercise and use of the right and havin…
Nuisance is based on the concept of the reasonable user.
Any acts likely to interfere with a tenant's peace or comfort…
There is an implied term that the property is reasonably fit…
Kenny v Preen
Quiet enjoyment - the exercise and use of the right and havin…
Southwark LBC v Mills
Nuisance is based on the concept of the reasonable user.
25 terms
Land Law
re Ellenborough Park 1956
Bull v Bull 1955
Williams and Gyln's Bank v Boland 1980
Chhokar v Chhokar 1984
Easements: (1) There must be a dominant and a servient teneme…
Owner Occupation: Each tenant in common is entitled to posses…
Owner Occupation: Wife in actual occupation had overriding in…
Owner Occupation: Being in hospital did not stop the wife fro…
re Ellenborough Park 1956
Easements: (1) There must be a dominant and a servient teneme…
Bull v Bull 1955
Owner Occupation: Each tenant in common is entitled to posses…
181 terms
Land Law
Williams v Boland (1981)
Midland Bank Trust v Green (1981)
Kingsnorth v Tizard (1986)
Asher v Whitlock
A contribution to the purchase price will give the contributo…
a father granted an option to his son to purchase the land th…
(The doctrine of constructive notice - applies to unregistere…
(Adverse possession & the time limit put on people to recover…
Williams v Boland (1981)
A contribution to the purchase price will give the contributo…
Midland Bank Trust v Green (1981)
a father granted an option to his son to purchase the land th…
15 terms
Land Law
Tulk v Moxhay (1848)
Overreaching
Disposition
Priority in Registered Land
T sold property to M by deed containing. M was prevented from…
When a beneficiary owner has rights to the value of the land,…
Act of transferring property to someone else, usually by deed…
If a person believes they have rights to certain property, th…
Tulk v Moxhay (1848)
T sold property to M by deed containing. M was prevented from…
Overreaching
When a beneficiary owner has rights to the value of the land,…
113 terms
Land Law
Adealon International Corporation Prop…
Wong v Beaumont Property Trust ltd
Wheeldon v burrows
s 62
land locked, necessity of easement, legal only
common intention easement, implied into the deed
land is divided into 2 or more plots and permits the purchase…
right, privilege or advantage will be turned into an easement…
Adealon International Corporation Prop…
land locked, necessity of easement, legal only
Wong v Beaumont Property Trust ltd
common intention easement, implied into the deed
252 terms
Land Law
Hereditament
Advowson
Chattel
Fixture
Something which can be inherited
A right, such as being able to name the successor to the loca…
Movable items - not included in the sale of land
An item of personal property that may or may not be attached…
Hereditament
Something which can be inherited
Advowson
A right, such as being able to name the successor to the loca…
10 terms
land law
Short leases
Walsh v Lonsdale
Coatsworth v Johnson
Lease
not exceeding 3 years. Can be legal without deed if meets cer…
Doctrine regarding equitable lease. if specific agreement to…
And contract ultimately depends on specific performance being…
term (maximum duration being certain) that confers on T a rig…
Short leases
not exceeding 3 years. Can be legal without deed if meets cer…
Walsh v Lonsdale
Doctrine regarding equitable lease. if specific agreement to…
20 terms
Law of the land
Murder
Justifiable murder
Excusable murder
3 types of manslaughter
The unlawful killing of one human being by another human bein…
A soldier in a time of war or an executioner actually commits…
Sometimes one person kills another in an unavoidable accident…
Voluntary... Involuntary... In the operation of a motor vehicle
Murder
The unlawful killing of one human being by another human bein…
Justifiable murder
A soldier in a time of war or an executioner actually commits…
Land Law
Bernstein of Leigh (Baron)v Skyviews &…
Berkley v Poulett
D'eyncourt
Leigh
landowner claim to airspace should be restricted to such heig…
Statue is a chattel provided capable of being removed without…
Test2: Object and Purpose-forms part of architectural design…
annexation is only way object can serve its function/purpose…
Bernstein of Leigh (Baron)v Skyviews &…
landowner claim to airspace should be restricted to such heig…
Berkley v Poulett
Statue is a chattel provided capable of being removed without…
17 terms
Land Law: Chapter 5: Registered Land
Doctrine of privity of contract
Proprietary rights
Ideal System of Registration
Actual System of Registration
Means that contractual or personal rights only bind the origi…
'Interest' in land is that it is proprietary (rather than mer…
A registration system would record ownership of estates and t…
Recording of third party interests against the estate has not…
Doctrine of privity of contract
Means that contractual or personal rights only bind the origi…
Proprietary rights
'Interest' in land is that it is proprietary (rather than mer…
46 terms
Land Law-Easements-Cases
Re Ellenborough Park
London & Blenheim Estates v Ladbroke R…
Hill v Tupper 1863
Moody v Steggles 1879
1)Dominant and servient tenant... 2)right must accommodate domin…
Dominant tenement not suitably identified, easements cannot e…
Monopoly of canal-easement was not for the benefit of the lan…
Business operating for many years-had become part of the norm…
Re Ellenborough Park
1)Dominant and servient tenant... 2)right must accommodate domin…
London & Blenheim Estates v Ladbroke R…
Dominant tenement not suitably identified, easements cannot e…
15 terms
Unit 1:Law of the land
establish
union
tranquility
contribute
verb... we the people of the United States in order to form amor…
noun... The action or fact of joining
noun... Calm
verb... give or help to cause
establish
verb... we the people of the United States in order to form amor…
union
noun... The action or fact of joining
71 terms
Land Law - Leases
Types of lease: fixed term lease
Types of lease: periodic tenancy
Periodic tenancy; implied creation ... If…
Periodic tenancy; implied creation... Pay…
🔹Exclusive possession, fixed maximum duration. ... 🔹The longer i…
🔹Expressly or impliedly created... - express; makes clear what…
Javad v. Mohammed Aqil
Barclays Wealth Trustees v Erimus Housing
Types of lease: fixed term lease
🔹Exclusive possession, fixed maximum duration. ... 🔹The longer i…
Types of lease: periodic tenancy
🔹Expressly or impliedly created... - express; makes clear what…
46 terms
Land Law - Easements
Definition of Easements
Quasi Easements
Profits a pendre
Re Ellenborough Park
The right to use or enjoy... Or the right (indirectly) to restri…
Potential Easements
Right to take something from the land of another.
Essential characteristics of an easement.... Right must be attac…
Definition of Easements
The right to use or enjoy... Or the right (indirectly) to restri…
Quasi Easements
Potential Easements
19 terms
Laws of the land
chaos
govern
representatives
elected
a state of major confusion or disorder
to rule or control through laws
a persone who is chosen by a group of people and acts for the…
to be chosen by vote, to be chosen by a grouo of people
chaos
a state of major confusion or disorder
govern
to rule or control through laws
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