FLA structure
1. Identify TPR/interest
2. Is it capable of being legal? S1 (2) lpa 1925 -mortgage -lease -easement
3. equitable/ statutory fla 1996
4. Formalities- Writing, contract and deed s52 lpa 1925
5. Has the tpr been validated and created
6. enforcability of the tpr if the land is sold, will the buyer still be bound
A legal intrest binds the world
1. The wife may have a home right under s30 fla this right under FLA this is
right of occupation to spouse of home owner in matrimonial home
2. Is it capable of being legal? If its under the FLA then it is NEVER capable of being
legal. This right is not legal or equitable. The right includes spouse but not relatives
No formalities for this right however certain conditions under s30 fla needs to be
satisfied
Conditions;
● Must be in an ongoing marriage
● The home must be the family home
A licence is not a proprietary right so the sister has no right that can bind
Nora.
1. Identify TPR/interest
2. Is it capable of being legal? S1 (2) lpa 1925 -mortgage -lease -easement
3. equitable/ statutory fla 1996
4. Formalities- Writing, contract and deed s52 lpa 1925
5. Has the tpr been validated and created
6. enforcability of the tpr if the land is sold, will the buyer still be bound
A legal intrest binds the world
1. The wife may have a home right under s30 fla this right under FLA this is
right of occupation to spouse of home owner in matrimonial home
2. Is it capable of being legal? If its under the FLA then it is NEVER capable of being
legal. This right is not legal or equitable. The right includes spouse but not relatives
No formalities for this right however certain conditions under s30 fla needs to be
satisfied
Conditions;
● Must be in an ongoing marriage
● The home must be the family home
A licence is not a proprietary right so the sister has no right that can bind
Nora.
