Summary

Summary of third party rights and interests creation and an example question and answer

0 purchase

Module
Land Law (LNW)

Institution
University Of Law (ULaw)

Summary of third party rights and interests creation and an example question and answer.

[Show more]

Preview 1 out of 4 pages

View example

Uploaded on May 24, 2023
Number of pages 4
Written in 2022/2023
Type Summary

land
law
land law
written summary
third party rights and interests
example question and answer

£5.49

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Identifying Third Party Rights and Interests

(i) identify the type of third party right being claimed;
(ii) (ii) decide whether the right is capable of being legal;
(iii) decide whether the right has been created by the correct formalities; and
(iv) classify the right as either legal, equitable or statutory.

⇒ In land law you must ask yourself two questions when deciding whether a right is equitable:

Is the right in the list of legal interests under the Law of Property Act 1925, section 1(2)(a)? → if it is
not, the right must be equitable.

If the right is in the list you must ask whether or not the right was created by deed → if it is not, it
must be equitable (which requires the right to be created by signed writing instead except for
implied trusts).

⇒ If created by neither deed or signed writing it is neither legal or equitable.

Summary of Interests and formalities- Structure

1. Identify the Estate or Interest

What type of estate/interest e.g. easement, lease, restrictive covenant

2. Is it capable of being legal?

S1(1) LPA 1925 lists estates capable of being legal- the freehold (fee simple absolue in possession)
and the leasehold (term of years absolute)

S1(2) LPA 1925- lists third party interests capable of being legal (most important = easement and
mortgage).

If the estate or interest does not fall within these lists, it is not capable of being legal, it can only be
equitable (LPA 1925 s1(3).

The only type of statutory third party right you will be concerned with is the ‘home right’ under the
Family Law Act 1996.

3. Formalities

For an estate or interest in land to be valid, the correct formalities must be used to create it.

3.1Creation by deed

Generally, to be valid, all legal estate and interest must be created by deed LPA 1925 s52.
Requirements for a deed in s1 LPMPA 1989. This covers all the estates and interest listed in s1(1) and
(2) of LPA 1925.

There are some exceptions to this rule (e.g. parol leases exception- a valid legal lease can be created
without a deed if it satisfies the conditions in s54(2) of LPA 1925. Valid legal easement may arise also
without the need for a deed/formality.

3.2Creation in a contract

Where there is a contract to create or convey a legal estate in land, equity will recognise that
contract as creating an equitable interest in land, so long as it satisfies the requirements for a
contract under s 2 of the LPMPA 1989.

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 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 £5.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

68175 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling