Which one of the following interests can be overreached?
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Overreaching is the process by which an interest can be moved away from
the land and be represented by money. Overriding interests are interests
which are binding without being protected by registration.
*
correct answer =
A beneficial interest under a trust where there are 2 or more legal owners
Law of Property Act 1925, s 2 and s 27 state that is purchase money is paid
to at least 2 trustees/legal owners, the beneficiary's interest moves away
from the land and into the sale proceeds.
,A tenant has sub-let its leased premises in breach of the lease alienation provisions.
The landlord would like to forfeit the lease, but its agent just sent out the rent demand
unaware of the breach.
Which of the following best describes the advice to the landlord about whether it can
forfeit in the circumstances?
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Although it is correct to say the landlord has waived its right to forfeit -the
landlord's agents has sent out a rent demand, which is an
acknowledgement of the continued existence of the lease and evidence
of the landlord's intention that the lease should continue despite the
breach. However, it is wrong to say the right will arise again.
It does not matter that the waiver is inadvertent and that the agent was
unaware of the breach.
*
Correct answer=
The landlord has waived its right to forfeit and it can never again forfeit for
this specific breach
Although it is correct to say the landlord has waived its right to forfeit -the
landlord's agents has sent out a rent demand, which is an
acknowledgement of the continued existence of the lease and evidence
of the landlord's intention that the lease should continue despite the
breach. However, it is wrong to say the right will arise again.
It does not matter that the waiver is inadvertent and that the agent was
unaware of the breach.
*
Correct answer=
The landlord has waived its right to forfeit and it can never again forfeit for
this specific breach
The landlord's agents has sent out a rent demand. This is an
acknowledgement of the continued existence of the lease and evidence of
, the landlord's intention that the lease should continue despite the breach.
The breach (unauthorised subletting) is classed as a 'non-continuing'
breach, which means waiver is permanent and it can never again forfeit for
this specific breach. It does not matter that the waiver is inadvertent and
that the agent was unaware of the breach.
A and B hold property on trust for C, D, and E, who live there, equal shares. The
property is mortgaged to G Bank and the payments are up to date. E is 18, and wants
the property to be sold so that he can use his share of the proceeds to take a gap
year and travel the world. C and D are trainee doctors working at the local hospital
and do not wish the property to be sold.
Which of the following statements best describes the position regarding E's
application for sale of the property under Trusts of Land and Appointment of Trustees
Act 1996, s 14
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E's application for an order for sale is likely to be refused by the court
because C and D oppose the sale and the combined value of their interests
is greater than E's.
TLATA 1996, s 15(3) allows the court to take into account the circumstances
and wishes of the beneficiaries aged 18 and over and give effect to the
wishes of the majority by value. The interests of G will not weigh heavily as
the payments are not in arrears and G will continue to be paid monthly
instalments.
What formalities must be met in order to create an express legal easement for five
years?
Give this one a try later!
Give this one a try later!
Overreaching is the process by which an interest can be moved away from
the land and be represented by money. Overriding interests are interests
which are binding without being protected by registration.
*
correct answer =
A beneficial interest under a trust where there are 2 or more legal owners
Law of Property Act 1925, s 2 and s 27 state that is purchase money is paid
to at least 2 trustees/legal owners, the beneficiary's interest moves away
from the land and into the sale proceeds.
,A tenant has sub-let its leased premises in breach of the lease alienation provisions.
The landlord would like to forfeit the lease, but its agent just sent out the rent demand
unaware of the breach.
Which of the following best describes the advice to the landlord about whether it can
forfeit in the circumstances?
Give this one a try later!
Although it is correct to say the landlord has waived its right to forfeit -the
landlord's agents has sent out a rent demand, which is an
acknowledgement of the continued existence of the lease and evidence
of the landlord's intention that the lease should continue despite the
breach. However, it is wrong to say the right will arise again.
It does not matter that the waiver is inadvertent and that the agent was
unaware of the breach.
*
Correct answer=
The landlord has waived its right to forfeit and it can never again forfeit for
this specific breach
Although it is correct to say the landlord has waived its right to forfeit -the
landlord's agents has sent out a rent demand, which is an
acknowledgement of the continued existence of the lease and evidence
of the landlord's intention that the lease should continue despite the
breach. However, it is wrong to say the right will arise again.
It does not matter that the waiver is inadvertent and that the agent was
unaware of the breach.
*
Correct answer=
The landlord has waived its right to forfeit and it can never again forfeit for
this specific breach
The landlord's agents has sent out a rent demand. This is an
acknowledgement of the continued existence of the lease and evidence of
, the landlord's intention that the lease should continue despite the breach.
The breach (unauthorised subletting) is classed as a 'non-continuing'
breach, which means waiver is permanent and it can never again forfeit for
this specific breach. It does not matter that the waiver is inadvertent and
that the agent was unaware of the breach.
A and B hold property on trust for C, D, and E, who live there, equal shares. The
property is mortgaged to G Bank and the payments are up to date. E is 18, and wants
the property to be sold so that he can use his share of the proceeds to take a gap
year and travel the world. C and D are trainee doctors working at the local hospital
and do not wish the property to be sold.
Which of the following statements best describes the position regarding E's
application for sale of the property under Trusts of Land and Appointment of Trustees
Act 1996, s 14
Give this one a try later!
E's application for an order for sale is likely to be refused by the court
because C and D oppose the sale and the combined value of their interests
is greater than E's.
TLATA 1996, s 15(3) allows the court to take into account the circumstances
and wishes of the beneficiaries aged 18 and over and give effect to the
wishes of the majority by value. The interests of G will not weigh heavily as
the payments are not in arrears and G will continue to be paid monthly
instalments.
What formalities must be met in order to create an express legal easement for five
years?
Give this one a try later!
