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Land Law Exam With Correct Solutions 100% Verified
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Land Law Exam With Correct Solutions 100% Verifieds1(1)(a) - Law of Property Act 1925
Definition of a freehold estate - Fee simple, absolute in possession
s1(1)(b) - Law of Property Act 1925
Definition of a leasehold estate - Lesser estate of a certain duration - Term of years
absolute
s52(1) Law of Property Act 1925
Any legal estate to be transferred must be made by deed
Conveyances of land or any interest therein - to be granted by deed
s1 - Law of Property (Miscellaneous Provisions) Act 1989
Sets out requirements for a valid deed.
Requirements for a valid deed
s1 - Law of Property (Miscellaneous Provisions) Act 1989:
1. Must be clearrobots/lable as deed)
2. executed by the seller in presence of a witness (attesting signature) Not necessary
for buyer to sign to be valid but in practice often signed by both
3. Must be delivered - usually done by dating the document.
s2 Law of Property (Miscellaneous Provisions) Act 1989
Sets out requirements for sale of land contracts, in addition to the requirements for a
regular contract.
,Requirements of a valid sale of land contract
s2 Law of Property (Miscellaneous Provisions) Act 1989
1. In writing
2. Contain all terms
3. Signed by both parties
Legal formalities for the transfer of title
1. Exchange of contracts (pre exchange)
2. Completion of a deed
3. Registration legal title not transferred until this has taken place
S.27 Land Registration Act 2002
Dispositions of property required to be registered (triggering events)
s27(2)
(a) Transfer of registered freehold or leasehold
(b) Grant of legal lease for more than 7 years
(d) Express grant or reservation of an easement
(e) Grant of a landlord's right of entry
(f) Grant of a legal charge (e.g. mortgage)
when does transfer of unregistered land take place?
,Transfer occurs upon completion of the deed and first registration has to occur within 2
months. (s4 and 6 LRA 2002).
Title of registered land is officially transferred
Upon registration (s27(1) LRA 2002)
s3 LRA 2002
Unregistered land - Voluntary registration
3 principles of a system of land registration
Mirror Principle (register reflects all matters property is subject and benefit to)
Curtain Principle (reflects the legal owner of the property - no beneficiary ownership)
Insurance Principle
The accuracy of the register is guaranteed by the state.
Registers
On an official copy
Property register
Description of land and details of any rights which benefit
Charges register
Any rights which burden a piece of land.
Proprietorship register
Restrictions on owners ability to deal with the land - class of title and owners details
Requirements for a valid lease
Street v Mountford
1. Certainty of term
2. Exclusive possession
3. Correct formalities to create a tenancy
, AG Securities v Vaughan
4 tenants signed separate documents at different times.
Land owner retained the right to introduce others to the flat. - Clause for this was valid
as sensible and realistic .
Occupiers did not have exclusive possession
Antoniades v Villiers
Couple occupied flat together - single bedroom with one double bed - although both
signed separate leases.
Landowner reserved right to introduce others to share the premises - and that the
agreement was a license and the couple had no exclusive possession.
Clauses could not be considered as seriously intending to have any practical effect,
apart from technical one to avoid the legal consequences of agreement being a lease.
Legal Lease Formalities
Deed must be used (s52 LPA 1925)
If over 7 years must also be registered (LRA 2002 s27(2)(b)(ii).
If 7 years or under legal lease is binding on new FH owner as an overriding interest - no
need for registration
s54(2) Law of Property Act
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