Other
Land Law Tutorial Practice Question - Registered Land
- Course
- Institution
Land Law Tutorial Practice Question - Registered Land
[Show more]
Seller
Follow
yasminea1
Content preview
3. Percy has recently become registered as proprietor of an absolute fee simple title to BlackacreFarm. He wishes to know his rights with respect to:
(a) John, to whom, two years ago, the previous owner, Lenny, granted a four year lease of a barn
on the farm for storage purposes.
(1) We must ascertain 2 things: is it a legal or equitable lease? Is it registered or unregistered land?
Assuming it is a Legal Lease…
In Registered land
• We are told in the facts that Blackacre Farm is registered land
• If it is a legal lease, it binds the world
1. Does s28 apply? No because s29 applies (a registrable disposition of a registrable estate for
valuable consideration) - this would postpone... - therefore sch3 applies
2. Short legal leases
• If the lease was for less than 7 years, Sch3(1) applies - this would be a short legal lease that does
not need to be registered, and will therefore bind (exceptions under sch3 to s29) - this means P
cannot take the land free from J’s lease
Unregistered land
• If it were an equitable lease, notice must be registered of the equitable lease (s33 & s34)
• The doctrine of notice/equity’s darling applies
Equitable Lease
Registered land
• s32 - J could enter notice into the registry
• J would have to go through the route of actual occupation
• If actual occupation is found, J’s lease is binding
(b) Jane, the previous owner’s wife, who directly contributed to the cost of the acquisition of
Blackacre Farm by the previous owner.
• The only legal protection that J would most likely have would be by virtue of s29(a)(2) and sch3(2)
• Is she in actual occupation? would her occupation have been reasonably obvious on inspection of
the land? Were inquiries made of her? Did she not disclose interest when P made enquires? If she
satisfies requirements for actual occupation and it would have reasonably obvious and no enquiries
were made her interest will take priority over P
• If inquiries were made of her and she didn’t disclose, she would be estopped from asserting her
interest as a priority
• Additionally, her interest could be overreached if P paid to 2 trustees (unlikely however)
(c) Ralph, a neighbouring landowner, who was given written permission by the previous owner to
use a track across Blackacre as a short cut from one of his fields to the main road.
This could be one of 2 interests: one propriety and one personal (easement or license)
• If it is a license and a personal right, nothing can be done- it doesn’t apply
• This could be an easement, and would depend as to how this easement came about: Is it capable
of being an easement?
• Written permission is an express grant of an easement? To protect this in registered land, and so it
can take effect at law, it needs to be registered under s27 LRA to be protected
• Could this be an implied easement? s62 can bite to convert an implied easement into a full-blown
legal easement
• If we were to say this, it does not need to be expressly protected by s27, and is an unregistered
interest where is s29 applies, registered interests will be postponed
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller yasminea1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.80. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
57413 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now