Summary GDL Land Law Revision Notes (Distinction)

LAND LAW REVISION NOTES
GDL (University of Law)



Flowcharts
Interests in Land
Enforceability of Interests
Freehold Covenants
Easements
Mortgages
Co-ownership of Land
Implied Trusts
Leases
Leasehold Covenants

Key Authorities
Fixtures & Chattels
Interests in Land
Freehold Covenants
Easements
Mortgages
Co-ownership of Land
Trusts of Land
Leases
Leasehold Covenants




All notes correct and Distinction worthy as of
academic year 2019/20

, INTERESTS IN LAND


Identify the estate or interest


Is the estate or interest capable of being legal?


LEGAL ESTATES LEGAL INTERESTS
s.1(1) Law of Property Act 1925: s.1(2) Law of Property Act 1925:
Freehold or ‘fee simple absolute in possession’ Easement (fixed or forever)
Leasehold or ‘term of years absolute’ Charge by way of legal mortgage

All other estates or interests take effect as equitable interests
as per s.1(3) LPA 1925

Unless a specific statutory interest
e.g. home rights as per s.30 Family Law Act 1996



Have the correct formalities been used to create it?


FREEHOLD LEGAL LEASEHOLD LEGAL EASEMENT
By deed – s.52(1) LPA By deed – s.52(1) LPA Must be equivalent to a term of
Which must be signed, witnessed, Unless it is a parol lease: not years of absolute – s.1(2)(a) LPA
delivered, and clearly state it is a exceeding 3 years, in possession, at
deed – s.1 LP(MP)A 1989 market rent without a fine And by deed – s.52(1) LPA


FREEHOLD COVENANT ESTATE CONTRACT EQUITABLE EASEMENT
Must be signed and in writing Must be signed, in writing, contain Must be signed and in writing
– s.53(1)(a) LPA all agreed terms – s.2 LP(MP)A – s.53(1)(a) LPA


HOME RIGHT EXPRESS TRUST IMPLIED TRUST
Homeowner must be the spouse, Must be in writing – s.53(1)(b) LPA Arises without any formalities
alive, and home must be the – s.53(2) LPA
matrimonial home – s.30 FLA

Classify the interest as legal, equitable, statutory


Is the land registered or unregistered?
Assume all land is registered unless told otherwise in the question

, ENFORCEMENT IN THE REGISTERED SYSTEM

How can the interest be classified?


Registrable Disposition Overriding Interest Trust Interest IARE
s.27 LRA 2002 Sch 3 of LRA 2002 Express or implied Restrictive covenant
Legal easement Legal lease of 7 years trust Estate contract
created by deed or less (Para 1) Equitable lease
Legal charge Interests of persons in Home rights under FLA
(mortgage) actual occupation (P 2) 1996 – as per Sch 3
Legal lease exceeding 7 Legal easement not Para 2 LRA 2002
years created by deed (P 3)
May be recorded as a
restriction on the
Proprietorship Register
Only binds the buyer if Must exist by the date Only binds the buyer if
registered at the Land of completion of the This alerts the buyer of a notice is put on the
Registry before the sale, but does not the need to overreach, Charges Register
registration of the new need to be registered and if this fails then before the registration
owner at the Land Registry the purchase will fail of the new owner




ENFORCEMENT IN THE UNREGISTERED SYSTEM

Is the interest registerable on the Land Charges Register?
Puisne mortgage – Class C(i) land charge – s.2(1) LCA 1972
Estate contract – Class C (iv) land charge – s.2(4) LCA 1972
Restrictive covenant – Class D (ii) land charge – s.2(5) LCA 1972
Equitable easement – Class D (iii) land charge – s.2(5) LCA 1972
Statutory home right – Class F land charge – s.2(7) LCA 1972


YES – Has it been registered before completion? NO – Is it legal or equitable?

YES – It will bind the NO – It will not bind LEGAL – It will bind EQUITABLE – Is it an
buyer the buyer the world interest under a
trust?


‘overreach’ as per s.2 and s.27 LPA and IF YES – Binds the buyer
City of London BS v Flegg unless he has
the buyer acquires a legal estate, and pays overreached or is
the money to at least two trustees equity’s darling

‘equity’s darling’ IF NO – Binds the buyer
bona fide purchaser of a legal estate for unless he is equity’s
value without notice (actual, constructive, darling
or imputed)