Does Interest have legal capacity? Could the interest be equitable? Have Equitable Formalities been met?
Capable of being legal if under s1(1) S.1(3) LPA 1925
No Yes Generally by s.53(1)(a) LPA 1925 = must be in writing and
or s1(2) LPA 1925 -Easement not equivalent in duration to an estate
signed
-Restrictive Covenants
-S1(1)(a)- An estate in fee simple
-Estate Contracts EXECEPTIONS
absolute in possession (freehold)
-S(1)(1)(b)- A term of years absolute -BIUT- Beneficial Interest under a Trust -For estate contracts- (e.g. A contract for the sale or
(leasehold) options to purchase) in land can only be made in writing
OR ….Statutory Right of Occupation under FLA 1996
-S1(2)(a)- Easement equivalent in Whilst the marriage or civil partnership is still in existence, the spouse or civil partner who and only by incorporating all the terms which the parties
duration to an estate in land doesn't own the home occupies the matrimonial home as if they were the owner, without have expressly agreed in one document = S.2 LP(MP)A
(forever, or a certain term)-if having the actual status of an owner.
1989. (This does not apply to leases under s54(2) LPA
Under s30- The spouse or civil partner has the right to:
uncertain period- only equitable) 1925.
occupy the matrimonial home and not to be excluded, except by court order
-S1(2)(c)- Mortgages (if not occupying the home), obtain a court order to regain entry and to live there -BIUT- EXPRESS TRUST INTEREST. must be manifested and
register rights of occupation as a charge on the property and once registered is
effective against any third party who subsequently buys the property.
proved by some writing signed; merely required to be
30(3), a non-owning spouse with rights of occupation is entitled to pay rent, evidenced in writing for the purposes of enforcement. The
mortgage repayments etc due from the owner, which must be accepted as if trust may validly be declared orally, but it simply would not
tendered by the owner.
As long as the house has been/was used/ intended to be the matrimonial home/civil home and be enforceable in a court. Thus, the writing need not be
the marriage/civil partnership is still in existence. Occupation not a criterion. Also FLA 1996 does contemporaneous with the declaration but may be
not require any formality and will arise if conditions in s30 have been satisfied and therefore is a
statutory right in the property and Matrimonial Home rights (not proprietary).
adduced some time after the declaration of trust and may
enforce the trust retrospectively. S.53(1)(b) LPA 1925
-Implied Trusts- need not be created or proved by writing
e.g. constructive (e.g. mortgage payment/improvement to
property) and resulting trusts (legal title in one name holds
on trust for beneficiary who contributed) s.53(2) LPA 1925
Have legal Formalities been met?
Generally requires a valid deed under s52 LPA 1925
Yes
Valid deed = s(1)LP(MP)A 1989
-On the face of the document it must make it clear that the document is intended to be a deed and
Capable of being legal if under s1(1) S.1(3) LPA 1925
No Yes Generally by s.53(1)(a) LPA 1925 = must be in writing and
or s1(2) LPA 1925 -Easement not equivalent in duration to an estate
signed
-Restrictive Covenants
-S1(1)(a)- An estate in fee simple
-Estate Contracts EXECEPTIONS
absolute in possession (freehold)
-S(1)(1)(b)- A term of years absolute -BIUT- Beneficial Interest under a Trust -For estate contracts- (e.g. A contract for the sale or
(leasehold) options to purchase) in land can only be made in writing
OR ….Statutory Right of Occupation under FLA 1996
-S1(2)(a)- Easement equivalent in Whilst the marriage or civil partnership is still in existence, the spouse or civil partner who and only by incorporating all the terms which the parties
duration to an estate in land doesn't own the home occupies the matrimonial home as if they were the owner, without have expressly agreed in one document = S.2 LP(MP)A
(forever, or a certain term)-if having the actual status of an owner.
1989. (This does not apply to leases under s54(2) LPA
Under s30- The spouse or civil partner has the right to:
uncertain period- only equitable) 1925.
occupy the matrimonial home and not to be excluded, except by court order
-S1(2)(c)- Mortgages (if not occupying the home), obtain a court order to regain entry and to live there -BIUT- EXPRESS TRUST INTEREST. must be manifested and
register rights of occupation as a charge on the property and once registered is
effective against any third party who subsequently buys the property.
proved by some writing signed; merely required to be
30(3), a non-owning spouse with rights of occupation is entitled to pay rent, evidenced in writing for the purposes of enforcement. The
mortgage repayments etc due from the owner, which must be accepted as if trust may validly be declared orally, but it simply would not
tendered by the owner.
As long as the house has been/was used/ intended to be the matrimonial home/civil home and be enforceable in a court. Thus, the writing need not be
the marriage/civil partnership is still in existence. Occupation not a criterion. Also FLA 1996 does contemporaneous with the declaration but may be
not require any formality and will arise if conditions in s30 have been satisfied and therefore is a
statutory right in the property and Matrimonial Home rights (not proprietary).
adduced some time after the declaration of trust and may
enforce the trust retrospectively. S.53(1)(b) LPA 1925
-Implied Trusts- need not be created or proved by writing
e.g. constructive (e.g. mortgage payment/improvement to
property) and resulting trusts (legal title in one name holds
on trust for beneficiary who contributed) s.53(2) LPA 1925
Have legal Formalities been met?
Generally requires a valid deed under s52 LPA 1925
Yes
Valid deed = s(1)LP(MP)A 1989
-On the face of the document it must make it clear that the document is intended to be a deed and
