Legal interests = easement, rentcharge, mortgage, statutory rights, right of entry
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s1(2) LPA 1925
1. Abatement.
2. Action for damages, injuction, o declaration.
3. Under tort of nuisance.
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Remedies for breach of easements
,Intensification of use of easement was not considered excessive user.
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British Railways v Glass [1964]
Legal title goes to first 4 names on conveyance. Any other names take an equitable
interest only.
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s34(2) LPA 1925
Power of sale becomes exerciseable when:
1. notice requiring payment 3 months ago; or
2. interest in arrears for 2 months;
3. mortgagor has breached a condition of the mortgage.
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s103 LPA 1925
Any rights and advantages enjoyed with the land at time of conveyance become
easements.
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, s62 LPA 1925
Class A, B, C(i-iii), F land charges, if not registered, are void against a purchaser for
value of any interest in the land.
Class C(iv), D(i-iii) land charges, if not registered, are void against a purchaser for
money or money's worth of a legal estate in the land.
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s4 Land Charges Act 1972
'Best rent' in Short Lease means market rent.
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Fitzkriston LLP v Panayi (2008)
C(i) = puisne mortgage.
C(iv) = estate contract, only registered if long-term.
D(ii) = restrictive covenant not contained in a lease.
D(iii) = equitable easement.
F = matrimonial home rights under Family Law Act 1996.
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s2(4) Land Charges Act 1972
, s36 AJA 1970 only protects mortgagor from possession by the mortgagee, not from a
subsequent purchaser. (Council of Mortgage Lenders says its members would not
seek to sell owner-occupied property without first obtaining order for possession.)
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Horsham Properties v Clark [2009]
Co-ownership in which each party owns a share. Unity of possession only. Share
passes to heirs.
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Tenancy in Common
Restrictions on land register. Protect beneficiaries of trusts, ensuring overreaching.
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ss40-47 LRA 2002
Overriding interests: a right to use is not a right to occupy (access staircase).
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s1(2) LPA 1925
1. Abatement.
2. Action for damages, injuction, o declaration.
3. Under tort of nuisance.
Give this one a try later!
Remedies for breach of easements
,Intensification of use of easement was not considered excessive user.
Give this one a try later!
British Railways v Glass [1964]
Legal title goes to first 4 names on conveyance. Any other names take an equitable
interest only.
Give this one a try later!
s34(2) LPA 1925
Power of sale becomes exerciseable when:
1. notice requiring payment 3 months ago; or
2. interest in arrears for 2 months;
3. mortgagor has breached a condition of the mortgage.
Give this one a try later!
s103 LPA 1925
Any rights and advantages enjoyed with the land at time of conveyance become
easements.
Give this one a try later!
, s62 LPA 1925
Class A, B, C(i-iii), F land charges, if not registered, are void against a purchaser for
value of any interest in the land.
Class C(iv), D(i-iii) land charges, if not registered, are void against a purchaser for
money or money's worth of a legal estate in the land.
Give this one a try later!
s4 Land Charges Act 1972
'Best rent' in Short Lease means market rent.
Give this one a try later!
Fitzkriston LLP v Panayi (2008)
C(i) = puisne mortgage.
C(iv) = estate contract, only registered if long-term.
D(ii) = restrictive covenant not contained in a lease.
D(iii) = equitable easement.
F = matrimonial home rights under Family Law Act 1996.
Give this one a try later!
s2(4) Land Charges Act 1972
, s36 AJA 1970 only protects mortgagor from possession by the mortgagee, not from a
subsequent purchaser. (Council of Mortgage Lenders says its members would not
seek to sell owner-occupied property without first obtaining order for possession.)
Give this one a try later!
Horsham Properties v Clark [2009]
Co-ownership in which each party owns a share. Unity of possession only. Share
passes to heirs.
Give this one a try later!
Tenancy in Common
Restrictions on land register. Protect beneficiaries of trusts, ensuring overreaching.
Give this one a try later!
ss40-47 LRA 2002
Overriding interests: a right to use is not a right to occupy (access staircase).
Give this one a try later!
