BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Land Law
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Land Formalities Guide
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Course
Land Law
Institution
BPP University College Of Professional Studies Limited (BPP)
A guide including all formalities (including statue and case law) for the following:
- Land Contracts
- Legal and Equitable Interests
- Sale of a Freehold
- Formalities for Leases
- Formalities for Easements
- Mortgages
- Covenants
- Trusts of Land
- Unregistered Land
- Sub-Let Formalitie...
land contracts legal and equitable interests sale of a freehold formalities for leases formalities for easements mortgages covenan
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BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Land Law
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LAND FORMALITIES QUICK GUIDE
Formalities where subject matter is land = land contract
- LPMPA s 2
1) Contract must be in writing
2) Must contain all expressly agreed terms
3) Must be Signed by both parties
- Land contact = equitable interest
- In order to be a proprietary interest binding on 3rd parties, estate contract must be
protected,
o If land is registered = need protecting by registering notice on the charges
register of the title of the land subject to the contract
If not registered and 3rd party is purchaser, contract could be binding
if holder of estate contract is in actual occupation of land burdened by
estate contract as overriding interest
o If unregistered land = registering land charge against name of grantor in
Plymouth
- LRA 2002 s 29
o Registrable disposition of registered estate, made for valuable consideration
will take priority over any pre-existing rights in the land except for those
which have been protected by entry of a notice on the register or those
which are overriding interests
Legal and equitable interests (LPA 1925 s 1)
Legal interests
- Mortgages
- Easements for term equivalent to freehold or leasehold estate / forever
- Rights of entry
Equitable interests
- Freehold restrictive covenants
- Estate contracts
Sale of a freehold: (Week 1 p 7-9)
1. Exchange of contracts (Not necessary but will = equitable)
- LPMPA s 2
1) Contract must be in writing
2) Must contain all expressly agreed terms
3) Must be Signed by both parties
2. Completion of the deed
(legal estate must be transferred or created by deed LPA 1925 s 52(1))
Requirements of a valid deed: LPMPA 1981 s 1
- Deed must be clear on face that it’s intended to be a deed
o Labelling as a deed
1
, - Deed must be validly executed
o Witness signature Grantor and witness (no legal requirement for buyer to
sign)
- Deed must be delivered (dating document)
3. Registration – buyer sends completed deed to land registry
o Registered land = legal title does not transfer until registration has taken
place. (LRA 2002 s 27)
o If unregistered, legal title is transferred upon completion of the deed – new
owner must register land for first time within 2 months) (LRA 2002 ss4 and 6)
Formalities for Leases: (Week 1 p18)
LEASE Over 7 years
- For legal lease, deed must be used LPA 1925 s 52 (Valid deed = LP(MP)A 1989 s1)
- Lease must be registered in accordance with LRA 2002 s 27(b)(i)
LEASE 7 years of less
- Parties must enter into a deed – no requirement of registration
- LRA 2002 Schedule 2 Para 1 = legal leases of 7 years or less override register, and
there is no need to register = overriding interest
LEASE 3 years of less
- LPA 1925 s 54(2) = lease with 3 years or less need not be made by deed if 3
conditions are met:
o 1. Lease takes effect in possession (tenant takes lease immediately)
o 2. Lease is granted at best rent = market rent
o 3. Lease is not subject to a fine or premium = no upfront payment for grant of
lease
- Express periodic tenancies = tenancy agreement = rolling monthly basis for an
agreed monthly rent = written agreement does not need to comply with any
formalities.
- Implied periodic tenancies = occupier in possession paying rent at regular intervals /
monthly. No written agreement but still a legal lease. = overriding interest
- “term” of periodic tenancy depends on period of reference on which rent is
calculated (e.g. annually), rather than intervals it is paid (e.g. monthly)
If Land = business asset – hold equitable tenants in common.
Registerable dispositions (LRA s 27, s 4) (Week 1 p24)
- Transfer of freehold estate by sale, gift or court order
- Grant of legal lease for a term of more than 7 years
- Assignment (transfer) of a lease of unregistered land with more than 7 years to run
- An assent, vesting assent, or vesting deed which is a disposition of the freehold or
leasehold for more than 7 years
- Grant of a lease to take effect in possession more than 3 months after the date of
the grant (i.e., future leases)
- A first legal mortgage of freehold or leasehold with more than 7 years to run
- Failure to register = transaction is not legally recognised (LRA 2002 s27(1))
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