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BASICS AND 3RD PARTY RIGHTS LAND LAW QUESTIONS WITH COMPLETE ANSWERS

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BASICS AND 3RD PARTY RIGHTS LAND LAW QUESTIONS WITH COMPLETE ANSWERS

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How is the word determinable used in law?


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For when something can be ended.




What is an estate contract?


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, Contracts relating to create or convey a legal estate or interest
e.g.
- an option or
- a sale contract for freehold
- grant of a lease. These are always treated as estate contracts & take effect
as equitable interests.




How can a legal interest be created?


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Legal interests must be created by DEED under Section 52 LPA 1925.
However, legal title to a property only transfers when the purchaser's name
in entered on the proprietorship register, regardless of when the deed was
signed.




What can have a legal interest in land?


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(5)
- Freehold (estate)
- Leasehold (estate)
- Legal Easements
- Legal Mortgage
- Parol lease




What are the formalities for a restrictive covenant?


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, Require signed writing: s53 (1)(a) LPA 1925.




What are the important events in a conveyance?


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(2)
- Exchange and Completion




What happens at the completion stage?


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In unregistered land, the legal tile is transferred upon completion. In
registered land the legal title passes after the interest has been registered
at the Land Registry.




What can have an equitable interest in land?


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(5)
- Estate Contract
- Restrictive covenant
- Equitable easement
- Express trust
- Implied Trust

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