Flowchart diagram to identify third party rights and interests in land
10 views 0 purchase
Course
Land Law (LNW)
Institution
University Of Law (ULaw)
A flowchart diagram which helps you identify what the third party rights and interests in land are. Whether they are legal, equitable or statutory and what requirements they have to fulfill to be each.
Does Interest have legal capacity? Could the interest be equitable? Have Equitable Formalities been met?
Capable of being legal if under s1(1) S.1(3) LPA 1925
No Yes Generally by s.53(1)(a) LPA 1925 = must be in writing and
or s1(2) LPA 1925 -Easement not equivalent in duration to an estate
signed
-Restrictive Covenants
-S1(1)(a)- An estate in fee simple
-Estate Contracts EXECEPTIONS
absolute in possession (freehold)
-S(1)(1)(b)- A term of years absolute -BIUT- Beneficial Interest under a Trust -For estate contracts- (e.g. A contract for the sale or
(leasehold) options to purchase) in land can only be made in writing
OR ….Statutory Right of Occupation under FLA 1996
-S1(2)(a)- Easement equivalent in Whilst the marriage or civil partnership is still in existence, the spouse or civil partner who and only by incorporating all the terms which the parties
duration to an estate in land doesn't own the home occupies the matrimonial home as if they were the owner, without have expressly agreed in one document = S.2 LP(MP)A
(forever, or a certain term)-if having the actual status of an owner.
1989. (This does not apply to leases under s54(2) LPA
Under s30- The spouse or civil partner has the right to:
uncertain period- only equitable) 1925.
occupy the matrimonial home and not to be excluded, except by court order
-S1(2)(c)- Mortgages (if not occupying the home), obtain a court order to regain entry and to live there -BIUT- EXPRESS TRUST INTEREST. must be manifested and
register rights of occupation as a charge on the property and once registered is
effective against any third party who subsequently buys the property.
proved by some writing signed; merely required to be
30(3), a non-owning spouse with rights of occupation is entitled to pay rent, evidenced in writing for the purposes of enforcement. The
mortgage repayments etc due from the owner, which must be accepted as if trust may validly be declared orally, but it simply would not
tendered by the owner.
As long as the house has been/was used/ intended to be the matrimonial home/civil home and be enforceable in a court. Thus, the writing need not be
the marriage/civil partnership is still in existence. Occupation not a criterion. Also FLA 1996 does contemporaneous with the declaration but may be
not require any formality and will arise if conditions in s30 have been satisfied and therefore is a
statutory right in the property and Matrimonial Home rights (not proprietary).
adduced some time after the declaration of trust and may
enforce the trust retrospectively. S.53(1)(b) LPA 1925
-Implied Trusts- need not be created or proved by writing
e.g. constructive (e.g. mortgage payment/improvement to
property) and resulting trusts (legal title in one name holds
on trust for beneficiary who contributed) s.53(2) LPA 1925
Have legal Formalities been met?
Generally requires a valid deed under s52 LPA 1925
Yes
Valid deed = s(1)LP(MP)A 1989
-On the face of the document it must make it clear that the document is intended to be a deed and
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 alicewhelan99. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.70. You're not tied to anything after your purchase.
