Land Law
LPA 1925 s. 1(1) - Answer-Definitions of the 2 legal estates:
(a) "estate in fee simple absolute in possession" (freehold estate)
(b) "a term of years absolute" (leasehold estate)
Entick V Carrington quote - Answer-"Our law holds the property of every man so sacred, that no man can...
Land Law
LPA 1925 s. 1(1) - Answer-Definitions of the 2 legal estates:
(a) "estate in fee simple absolute in possession" (freehold estate)
(b) "a term of years absolute" (leasehold estate)
Entick V Carrington quote - Answer-"Our law holds the property of every man so sacred, that no man can
set foot on his neighbour's close without his leave"
Lord Cairns in Pugh v Heath 1882 - Answer-"is now not a court of law or a court of equity, it is a court of
complete jurisdiction"
LPA 1925 s. 52 - Answer-all conveyances of legal estates must be made by deed
- otherwise conveyance will be void
- need a witness to attest to signature
- needs to be validly executed (clearly intended to be a deed)
LPA 1925 s. 54 - Answer-Parole Rule (exception to s.52)
- take possession immediately
- term not exceeding 3 years
- at the best rent that can be obtained
LPA 1925 s. 53 - Answer-all conveyances must be made in writing
Registered v Unregistered land - Answer-- unregistered title proved by "good root of title"
- registered title guaranteed by State
- State funded compensation for mistakes
- register has extensive central records of adverse rights
- registered ownership is a matter of public record
Intentions of Registration - Answer-- gives security to landowner (makes adverse possession much
harder)
- purchasers know what exactly is being sold
- conveyancing + transfer much easier
- provides once and for all investigation + recording of title
- give a state guarantee of the title
3 principles of land registration - Answer-- Mirror principle: a true reflection of matters affecting the land
- Curtain principle: trusts are hidden 'off' the title
- Insurance principle: compensation if errors are made
Types of interests on the register - Answer-- interests registered with their own title e.g. legal freeholds;
legal leaseholds > 7 years
- interests registered against another title e.g. registered charges (mortgages); expressly created
eaements
- other interests can be protected by entering a 'notice' or 'restriction' e.g. 'minor interests'; 'protectable
registered interests'
- some interests aren't on register but are binding e.g. 'overriding interests'
LRA 2002 s.4 - Answer-Compulsory triggers of land registration:
, - creation of lease > 7 years
- sale/gift of leasehold/freehold
- grant of a first legal mortgage
LRA 2002 s.3 - Answer-can voluntarily register estate:
- e.g. preparing for sale; protection against adverse possession
- have to pay registration fee
LRA 2002 s. 23 - Answer-registration gives you 'owner's powers'
LRA 2002 s. 58 - Answer-your registered title is conclusive
LRA 2002 s. 28 - Answer-interests in land take effect in the order of their creation.
- subject to provisions of s. 29 & s. 30
LRA 2002 s. 29 - Answer-if conveyance made for 'valuable consideration', purchaser will only take hold of
registered charges, registered notices and overriding interests
LRA 2002 s. 27 - Answer-registerable dispositions wont have effect in law until they are registered
- (2)(b) leases longer than 7 years
LRA 2002 ss. 32 + 34 - Answer-can protect an interest (e.g. an equitable lease) by entering a notice on
the register
LRA 2002 Schedule 3 - Answer-unregistered interests which override registered dispositions i.e.
'overriding interests'
- s. 1: legal lease under 7 years
- s. 2: interests of persons in actual occupation
Ashburn Ansalt v Arnold - Answer-Facts: parties enter agreement to redevelop shop BUT no rent paid as
the lease was to begin after redevelopment.
Principle: s. 205 LPA 1925 doesn't require rent unless with respect to the parol rule. In other cases rent is
simply an indication of an intention to enter a legal agreement
ECHR Art. 1 of 1st protocol - Answer-right to enjoyment of possession
- can't be dispossessed unless in the public interest + must be proportionate
McCann v UK - Answer-Facts: couple split and one partner leaves the home. Local authority persuaded
remaining party to enter notice to quit. Was this unfair on the other partner and could they enforce their
ECHR Art. 8 rights?
Principle: Local authority was subject to judicial review for proportionality as sought to bypass security on
a technicality.
Street v Mountford - Answer-Facts: S granted a licence to M for 2 rooms at a weekly rent terminable by
14 days notice BUT was titled a licence agreement. S sought court declaration that there wasn't a
tenancy. M appealed to HoL arguing that the agreement amounted to a lease. S argued only intended to
create a licence + was labelled a licence. If a lease M could claim 'fair rent' under the Rents Act.
Principle: M's appeal was allowed. Only relevant intention was to grant exclusive possession (combined
with rent for fixed/periodic term) created a lease. Superficial label of 'licence agreement' was irrelevant.
Lord Templeman: "For tenancy need (a) rent; (b) exclusive possession; (c) fixed/periodic term. (dicta)
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