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Flashcard 1382163811596

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#easements #land #law
Question
Another factor which the courts look at in determining this issue of accommodation, is whether the right [...] of the dominant tenement. Where it does, this may be used as evidence that the right accommodates that land, although remember that an effect on the value of the dominant tenement is not, by itself, conclusive as to this issue. It is rather a factor to be taken into account with all other relevant factors.
Answer
positively affects the value


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Another factor which the courts look at in determining this issue of accommodation, is whether the right positively affects the value of the dominant tenement. Where it does, this may be used as evidence that the right accommodates that land, although remember that an effect on the value of the dominant tenement is n

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Flashcard 1382164860172

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#easements #land #law
Question
This requirement for diversity means that where the fee simple of both the dominant and servient tenements subsequently come into the ownership of one person, any pre-existing easements exercised over that servient tenement for the benefit of the dominant tenement are [...].
Answer
extinguished


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the fee simple of both the dominant and servient tenements subsequently come into the ownership of one person, any pre-existing easements exercised over that servient tenement for the benefit of the dominant tenement are <span>extinguished.<span><body><html>

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Flashcard 1382165908748

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#easements #land #law
Question
In [ case ], their Lordships suggested that although the courts have often spoken of depriving the servient tenement owner of use, the true test is that he must not be deprived of possession and control. This makes it easier to claim an easement, as the use by the dominant owner may still not have technically deprived the servient owner of ultimate possession and control of their own land.
Answer
Moncrieff


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In Moncrieff, their Lordships suggested that although the courts have often spoken of depriving the servient tenement owner of use, the true test is that he must not be deprived of possession and

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Flashcard 1382167743756

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#easements #land #law
Question
In Moncrieff, their Lordships suggested that although the courts have often spoken of depriving the servient tenement owner of use, the true test is that he must not be [...]. This makes it easier to claim an easement, as the use by the dominant owner may still not have technically deprived the servient owner of ultimate possession and control of their own land.
Answer
deprived of possession and control


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In Moncrieff, their Lordships suggested that although the courts have often spoken of depriving the servient tenement owner of use, the true test is that he must not be deprived of possession and control. This makes it easier to claim an easement, as the use by the dominant owner may still not have technically deprived the servient owner of ultimate possession and control of their own

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Flashcard 1382168792332

Tags
#easements #land #law
Question
There are four key methods of implied acquisition: (4)
Answer
  1. Necessity
  2. Common intention
  3. Wheeldon v Burrows (1879) and
  4. LPA 1925, s 62.


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There are four key methods of implied acquisition: Necessity Common intention Wheeldon v Burrows (1879) and LPA 1925, s 62.

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Flashcard 1382170627340

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#easements #land #law
Question
Failure to register the easement means that, at best, it could only be [...], despite having satisfied the two requirements outlined immediately above.
Answer
equitable in status


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Failure to register the easement means that, at best, it could only be equitable in status, despite having satisfied the two requirements outlined immediately above.

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Flashcard 1382171675916

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#easements #land #law
Question
Abatement: This self-help remedy allows [...]. However, this remedy must be effected without any force being used, other than is reasonably necessary, neither causing injury to any third party. It should be noted that this remedy is not favoured by the courts. The law prefers that remedy be sought through the courts rather than by self-help.
Answer
the dominant tenement owner to remove any obstruction which is preventing the use of the easement


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Abatement: This self-help remedy allows the dominant tenement owner to remove any obstruction which is preventing the use of the easement. However, this remedy must be effected without any force being used, other than is reasonably necessary, neither causing injury to any third party. It should be noted that this remedy i

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Flashcard 1382172724492

Tags
#easements #land #law
Question
Abatement: This self-help remedy allows the dominant tenement owner to remove any obstruction which is preventing the use of the easement. However, this remedy must be effected [...], other than is reasonably necessary, neither causing injury to any third party. It should be noted that this remedy is not favoured by the courts. The law prefers that remedy be sought through the courts rather than by self-help.
Answer
without any force being used


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Abatement: This self-help remedy allows the dominant tenement owner to remove any obstruction which is preventing the use of the easement. However, this remedy must be effected without any force being used, other than is reasonably necessary, neither causing injury to any third party. It should be noted that this remedy is not favoured by the courts. The law prefers that remedy be sought

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Flashcard 1382173773068

Tags
#easements #land #law
Question
An express grant of an easement is where someone, A, has decided to [...]. Since B’s land will enjoy the benefit of the easement, B is known as the owner of the dominant tenement. As the easement will be exercised over the land of A, they are known as the servient tenement owner. Whilst an easement may be expressly granted to another at any time, they commonly arise where land is being sold / leased to another and the express grant of the easement will appear in the relevant written documentation.
Answer
expressly give to another, B, an easement over their (i.e. A’s) land


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An express grant of an easement is where someone, A, has decided to expressly give to another, B, an easement over their (i.e. A’s) land. Since B’s land will enjoy the benefit of the easement, B is known as the owner of the dominant tenement. As the easement will be exercised over the land of A, th

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Flashcard 1382174821644

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#easements #land #law
Question
An express reservation differs from an express grant in that rather than giving an easement to another, A [...]. As it is A’s land which will enjoy the benefit of this easement, A becomes the dominant tenement owner. These commonly arise in situations where A owns a large piece of land and decides to sell / lease some of that land to another, B. Where A wishes to retain rights over the land that they are selling / leasing to B, they will expressly reserve such rights for the benefit of the land being retained in the relevant written documentation.
Answer
reserves the right for their land to enjoy the benefit of an easement


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An express reservation differs from an express grant in that rather than giving an easement to another, A reserves the right for their land to enjoy the benefit of an easement. As it is A’s land which will enjoy the benefit of this easement, A becomes the dominant tenement owner. These commonly arise in situations where A owns a large piece of land and deci

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Flashcard 1382175870220

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#easements #land #law
Question
An express reservation differs from an express grant in that rather than giving an easement to another, A reserves the right for their land to enjoy the benefit of an easement. As it is A’s land which will enjoy the benefit of this easement, A becomes the [...] owner. These commonly arise in situations where A owns a large piece of land and decides to sell / lease some of that land to another, B. Where A wishes to retain rights over the land that they are selling / leasing to B, they will expressly reserve such rights for the benefit of the land being retained in the relevant written documentation.
Answer
dominant tenement


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rvation differs from an express grant in that rather than giving an easement to another, A reserves the right for their land to enjoy the benefit of an easement. As it is A’s land which will enjoy the benefit of this easement, A becomes the <span>dominant tenement owner. These commonly arise in situations where A owns a large piece of land and decides to sell / lease some of that land to another, B. Where A wishes to retain rights over the land

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Flashcard 1382176918796

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#easements #land #law
Question
Easements acquired through implied acquisition demand no such registration requirement to become legal. Provided they have arisen via the [...] and have the requisite duration, they will be legal. Similarly, easements acquired through prescription do not need to be registered to be legal.
Answer
legal conveyance of a lease or fee simple


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Easements acquired through implied acquisition demand no such registration requirement to become legal. Provided they have arisen via the legal conveyance of a lease or fee simple and have the requisite duration, they will be legal. Similarly, easements acquired through prescription do not need to be registered to be legal.

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Flashcard 1382177967372

Tags
#easements #land #law
Question
Easements acquired through implied acquisition demand no such registration requirement to become legal. Provided they have arisen via the legal conveyance of a lease or fee simple and have the requisite duration, they will be legal. Similarly, easements acquired through [...] do not need to be registered to be legal.
Answer
prescription


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ion demand no such registration requirement to become legal. Provided they have arisen via the legal conveyance of a lease or fee simple and have the requisite duration, they will be legal. Similarly, easements acquired through <span>prescription do not need to be registered to be legal.<span><body><html>

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Flashcard 1382179015948

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#easements #land #law
Question
Easements acquired through implied acquisition demand [...] to become legal. Provided they have arisen via the legal conveyance of a lease or fee simple and have the requisite duration, they will be legal. Similarly, easements acquired through prescription do not need to be registered to be legal.
Answer
no such registration requirement


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Easements acquired through implied acquisition demand no such registration requirement to become legal. Provided they have arisen via the legal conveyance of a lease or fee simple and have the requisite duration, they will be legal. Similarly, easements acquire

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Flashcard 1382180064524

Tags
#easements #land #law
Question
Note that any easement which has been expressly [...] will be construed strictly against the person who reserved the right, in our example above, A. This is because when A reserves the right they have full control and is in a position to reserve exactly what they need, and the court will assume that they have done this.
Answer
reserved


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Note that any easement which has been expressly reserved will be construed strictly against the person who reserved the right, in our example above, A. This is because when A reserves the right they have full control and is in a position to

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Flashcard 1382181113100

Tags
#easements #land #law
Question
Note that any easement which has been expressly reserved will be [...] against the person who reserved the right, in our example above, A. This is because when A reserves the right they have full control and is in a position to reserve exactly what they need, and the court will assume that they have done this.
Answer
construed strictly


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Note that any easement which has been expressly reserved will be construed strictly against the person who reserved the right, in our example above, A. This is because when A reserves the right they have full control and is in a position to reserve exactly what they n

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Flashcard 1382182161676

Tags
#interests #land #law
Question
Where an equitable interest has been infringed, remedies will be limited to [...] (which includes equitable damages in lieu of such remedies), see paragraph 4.2.1.3 below. These are awarded at the discretion of the court and are, as always, subject to equitable principles.
Answer
those available in equity


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Where an equitable interest has been infringed, remedies will be limited to those available in equity (which includes equitable damages in lieu of such remedies), see paragraph 4.2.1.3 below. These are awarded at the discretion of the court and are, as always, subject to equitab

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Flashcard 1382183210252

Tags
#interests #land #law
Question
Since the [ statute ] came into force, a right of pre-emption in registered land is an interest in land from the time the right is created. However, Pritchard v Briggs remains the law for unregistered land.
Answer
LRA 2002, s 115


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Since the LRA 2002, s 115 came into force, a right of pre-emption in registered land is an interest in land from the time the right is created. However, Pritchard v Briggs remains the law for unregistered land.

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Flashcard 1382185045260

Tags
#interests #land #law
Question
Since the LRA 2002, s 115 came into force, a right of pre-emption in registered land is an interest in land from the time the right is created. However, [ case ] remains the law for unregistered land.
Answer
Pritchard v Briggs


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Since the LRA 2002, s 115 came into force, a right of pre-emption in registered land is an interest in land from the time the right is created. However, Pritchard v Briggs remains the law for unregistered land.

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Flashcard 1382186880268

Tags
#interests #land #law
Question
Since the LRA 2002, s 115 came into force, a right of pre-emption in registered land is an interest in land from the time the right is created. However, Pritchard v Briggs remains the law for [...] land.
Answer
unregistered


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Since the LRA 2002, s 115 came into force, a right of pre-emption in registered land is an interest in land from the time the right is created. However, Pritchard v Briggs remains the law for unregistered land.

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Flashcard 1382187928844

Tags
#estates #land #law #leasehold
Question
Covenants (promises) in a legal lease are binding on a new landlord or tenant due to the doctrine of ‘[...]’. However, covenants in an equitable lease made before 1996 do not pass on to a successor in title. However, the Landlord and Tenant (Covenants) Act 1995 removed the legal/equitable distinction for post 1995 leases
Answer
privity of estate


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Covenants (promises) in a legal lease are binding on a new landlord or tenant due to the doctrine of ‘privity of estate’. However, covenants in an equitable lease made before 1996 do not pass on to a successor in title. However, the Landlord and Tenant (Covenants) Act 1995 removed the legal/equitable

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Flashcard 1382188977420

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#estates #land #law #leasehold
Question
Covenants (promises) in a legal lease are binding on a new landlord or tenant due to the doctrine of ‘privity of estate’. However, covenants in an equitable lease made before 1996 [...] to a successor in title. However, the Landlord and Tenant (Covenants) Act 1995 removed the legal/equitable distinction for post 1995 leases
Answer
do not pass on


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Covenants (promises) in a legal lease are binding on a new landlord or tenant due to the doctrine of ‘privity of estate’. However, covenants in an equitable lease made before 1996 do not pass on to a successor in title. However, the Landlord and Tenant (Covenants) Act 1995 removed the legal/equitable distinction for post 1995 leases

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Flashcard 1382190025996

Tags
#estates #land #law #leasehold
Question
An assignment (transfer) of an equitable lease should comply with the minimum requirement laid down in [ statute ]. A contract to transfer an equitable lease should comply with LP(MP)A 1989, s 2.
Answer
LPA 1925, s 53(1)(c)


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An assignment (transfer) of an equitable lease should comply with the minimum requirement laid down in LPA 1925, s 53(1)(c). A contract to transfer an equitable lease should comply with LP(MP)A 1989, s 2.

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Flashcard 1382191861004

Tags
#estates #land #law #leasehold
Question
An assignment (transfer) of an equitable lease should comply with the minimum requirement laid down in LPA 1925, s 53(1)(c). A contract to transfer an equitable lease should comply with [ statute ].
Answer
LP(MP)A 1989, s 2


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An assignment (transfer) of an equitable lease should comply with the minimum requirement laid down in LPA 1925, s 53(1)(c). A contract to transfer an equitable lease should comply with LP(MP)A 1989, s 2.

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Flashcard 1382193696012

Tags
#estates #land #law #leasehold
Question
Equitable leases can arise in three ways:
  1. If the parties have tried to create a legal lease but [...] (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the LP(MP)A 1989, s 2;
  2. If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989, s 2;
  3. If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
have failed because they have not complied with the appropriate formalities


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Equitable leases can arise in three ways: If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the LP(MP)A 1989, s 2; If there has been a m

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Flashcard 1382194744588

Tags
#estates #land #law #leasehold
Question
Equitable leases can arise in three ways:
  1. If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the [ statute ];
  2. If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989, s 2;
  3. If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
LP(MP)A 1989, s 2


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te a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the <span>LP(MP)A 1989, s 2; If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would

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Flashcard 1382196579596

Tags
#estates #land #law #leasehold
Question
Equitable leases can arise in three ways:
  1. If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the LP(MP)A 1989, s 2;
  2. If there has been a [...] to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989, s 2;
  3. If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
mere agreement


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e they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the LP(MP)A 1989, s 2; If there has been a <span>mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the LP(MP)A 1989,

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Flashcard 1382197628172

Tags
#estates #land #law #leasehold
Question
Equitable leases can arise in three ways:
  1. If the parties have tried to create a legal lease but have failed because they have not complied with the appropriate formalities (see para 3.5.4.2 above). Equity will recognise an equitable lease where the document the parties have used complies with the requirements of the LP(MP)A 1989, s 2;
  2. If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the [ statute ];
  3. If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have.
Answer
LP(MP)A 1989, s 2


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irements of the LP(MP)A 1989, s 2; If there has been a mere agreement to grant a lease, i.e. an agreement that a lease will be granted/created in the future. Remember, such agreements, to be valid land contracts, would have to comply with the <span>LP(MP)A 1989, s 2; If the person granting the lease only holds an equitable estate in land then they can only grant an equitable lease. A person cannot grant more than they have. <span></bo

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Flashcard 1382199463180

Tags
#estates #land #law #leasehold
Question
If the parties have tried to create a legal lease but have failed because they have not complied with the formal requirements for a legal lease (including registration in respect of leases over seven years), equity will only step in and recognise an equitable lease where there exists a document which constitutes a valid contract to create a lease (see below, para 3.7). Note that this equitable lease construction could also assist a short lease (i.e. not exceeding three years) which was not legal because it was neither created by deed nor took effect as an informal short legal lease due to failure to comply with the requirements of the [ statute ]
Answer
LPA 1925, s 54(2)


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construction could also assist a short lease (i.e. not exceeding three years) which was not legal because it was neither created by deed nor took effect as an informal short legal lease due to failure to comply with the requirements of the <span>LPA 1925, s 54(2)<span><body><html>

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Flashcard 1382201298188

Tags
#estates #land #law #leasehold
Question
These short leases therefore do not have their own registered leasehold title. There will only be a registered title in respect of the freehold estate. Neither will the lease appear anywhere on the freehold register. They will take effect as [...] on any first registration/ registered disposition of the freehold under the LRA 2002 , Sch 1 para 1/Sch 3 para 1 (the same as leases exceeding three, but not exceeding seven years – see above para 3.5.2).
Answer
overriding interests


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se short leases therefore do not have their own registered leasehold title. There will only be a registered title in respect of the freehold estate. Neither will the lease appear anywhere on the freehold register. They will take effect as <span>overriding interests on any first registration/ registered disposition of the freehold under the LRA 2002 , Sch 1 para 1/Sch 3 para 1 (the same as leases exceeding three, but not exceeding seven years – se

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Flashcard 1382202346764

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#estates #land #law #leasehold
Question
These short leases therefore do not have their own registered leasehold title. There will only be a registered title in respect of the freehold estate. Neither will the lease appear anywhere on the freehold register. They will take effect as overriding interests on any first registration/ registered disposition of the freehold under the [ statute ] (the same as leases exceeding three, but not exceeding seven years – see above para 3.5.2).
Answer
LRA 2002 , Sch 1 para 1/Sch 3 para 1


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registered title in respect of the freehold estate. Neither will the lease appear anywhere on the freehold register. They will take effect as overriding interests on any first registration/ registered disposition of the freehold under the <span>LRA 2002 , Sch 1 para 1/Sch 3 para 1 (the same as leases exceeding three, but not exceeding seven years – see above para 3.5.2).<span><body><html>

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Flashcard 1382204181772

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#estates #land #law #leasehold
Question
For a case example of a short lease which did not comply with all of the requirements of LPA 1925, s 54(2), see [ case ].
Answer
Fitzkriston LLP v Panayi [2008] EWCA Civ 283


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For a case example of a short lease which did not comply with all of the requirements of LPA 1925, s 54(2), see Fitzkriston LLP v Panayi [2008] EWCA Civ 283.

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Flashcard 1382206016780

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#estates #land #law #leasehold
Question
Lease Created For a Period Exceeding Seven Years This must be created [...], if it is to create a legal estate in the land: LPA 1925, s 52;. The requirements of a valid deed are set out in LP(MP)A 1989, s 1
Answer
by deed


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Lease Created For a Period Exceeding Seven Years This must be created by deed, if it is to create a legal estate in the land: LPA 1925, s 52;. The requirements of a valid deed are set out in LP(MP)A 1989, s 1

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Flashcard 1382207065356

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#estates #land #law #leasehold
Question
Lease Created For a Period Exceeding Seven Years This must be created by deed, if it is to create a legal estate in the land: [ statute ];. The requirements of a valid deed are set out in LP(MP)A 1989, s 1
Answer
LPA 1925, s 52


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Lease Created For a Period Exceeding Seven Years This must be created by deed, if it is to create a legal estate in the land: LPA 1925, s 52;. The requirements of a valid deed are set out in LP(MP)A 1989, s 1

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Flashcard 1382208900364

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#estates #land #law #leasehold
Question
Lease Created For a Period Exceeding Seven Years This must be created by deed, if it is to create a legal estate in the land: LPA 1925, s 52;. The requirements of a valid deed are set out in [ statute ]
Answer
LP(MP)A 1989, s 1


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Lease Created For a Period Exceeding Seven Years This must be created by deed, if it is to create a legal estate in the land: LPA 1925, s 52;. The requirements of a valid deed are set out in LP(MP)A 1989, s 1

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Flashcard 1382210735372

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#estates #land #law #leasehold
Question
Under this analysis a lease ‘for the duration of the war’ cannot create a legal lease ([ case ]) (though this particular defect was rectified by the Validation of War- Time Leases Act 1944)
Answer
Lace v Chantler [1944] KB 368


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Under this analysis a lease ‘for the duration of the war’ cannot create a legal lease (Lace v Chantler [1944] KB 368) (though this particular defect was rectified by the Validation of War- Time Leases Act 1944)

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Flashcard 1382212570380

Tags
#estates #freehold #land #law
Question
Formalities for the Transfer of the Legal Estate
A legal estate must be [...]: LPA 1925, s 52(1).
The requirements of a valid deed are set out in LP(MP)A 1989, s 1.
Answer
conveyed or created by deed


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Formalities for the Transfer of the Legal Estate A legal estate must be conveyed or created by deed: LPA 1925, s 52(1). The requirements of a valid deed are set out in LP(MP)A 1989, s 1.

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Flashcard 1382213618956

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#estates #freehold #land #law
Question
Formalities for the Transfer of the Legal Estate
A legal estate must be conveyed or created by deed: LPA 1925, s 52(1).
The requirements of a valid deed are set out in [ statute ].
Answer
LP(MP)A 1989, s 1


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Formalities for the Transfer of the Legal Estate A legal estate must be conveyed or created by deed: LPA 1925, s 52(1). The requirements of a valid deed are set out in LP(MP)A 1989, s 1.

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Flashcard 1382215453964

Tags
#estates #freehold #land #law
Question
Formalities for the Transfer of the Legal Estate
A legal estate must be conveyed or created by deed: [ statute ].
The requirements of a valid deed are set out in LP(MP)A 1989, s 1.
Answer
LPA 1925, s 52(1)


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Formalities for the Transfer of the Legal Estate A legal estate must be conveyed or created by deed: LPA 1925, s 52(1). The requirements of a valid deed are set out in LP(MP)A 1989, s 1.

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Flashcard 1382217288972

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#estates #freehold #land #law
Question
As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘[...]’ giving the purchaser the right to require specific performance of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third parties) but only an equitable right to require specific performance of the contract (a point we return to at para 3.8). This equitable right can be protected against third parties. The method of doing this varies depending upon whether it has been created over registered or unregistered land.
Answer
estate contract


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As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require specific performance of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However

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Flashcard 1382218337548

Tags
#estates #freehold #land #law
Question
As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require [...] of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third parties) but only an equitable right to require specific performance of the contract (a point we return to at para 3.8). This equitable right can be protected against third parties. The method of doing this varies depending upon whether it has been created over registered or unregistered land.
Answer
specific performance


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As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require specific performance of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in Scott v Southern Paci

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Flashcard 1382219386124

Tags
#estates #freehold #land #law
Question
As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require specific performance of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in [ case ], the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third parties) but only an equitable right to require specific performance of the contract (a point we return to at para 3.8). This equitable right can be protected against third parties. The method of doing this varies depending upon whether it has been created over registered or unregistered land.
Answer
Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52


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tate contract’ giving the purchaser the right to require specific performance of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in <span>Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third partie

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Flashcard 1382221221132

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#estates #freehold #land #law
Question
Under [ statute ], certain contracts are exempt from the formality requirements of s 2:
  1. a contract to grant a lease for a term which does not exceed three years, which takes effect ‘in possession’ (i.e. immediately) and which is at the best rent reasonably obtainable;
  2. contracts made at public auctions;
  3. certain contracts regulated by the Financial Services and Markets Act 2000 which include an interest of some kind in land;
  4. the creation of resulting, implied or constructive trusts. (These will be explained on the Equity and Trusts course.)
Answer
LP(MP)A 1989, s 2(5)


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Under LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2: a contract to grant a lease for a term which does not exceed three years, which takes effect ‘in possession’

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Flashcard 1382223056140

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#estates #freehold #land #law
Question
Under LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2:
  1. a contract to grant a lease for a term which [...], which takes effect ‘in possession’ (i.e. immediately) and which is at the best rent reasonably obtainable;
  2. contracts made at public auctions;
  3. certain contracts regulated by the Financial Services and Markets Act 2000 which include an interest of some kind in land;
  4. the creation of resulting, implied or constructive trusts. (These will be explained on the Equity and Trusts course.)
Answer
does not exceed three years


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Under LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2: a contract to grant a lease for a term which does not exceed three years, which takes effect ‘in possession’ (i.e. immediately) and which is at the best rent reasonably obtainable; contracts made at public auctions; certain contracts regulated by the Financi

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Flashcard 1382224104716

Tags
#estates #freehold #land #law
Question
Under LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2:
  1. a contract to grant a lease for a term which does not exceed three years, which takes effect [...] and which is at the best rent reasonably obtainable;
  2. contracts made at public auctions;
  3. certain contracts regulated by the Financial Services and Markets Act 2000 which include an interest of some kind in land;
  4. the creation of resulting, implied or constructive trusts. (These will be explained on the Equity and Trusts course.)
Answer
‘in possession’ (i.e. immediately)


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Under LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2: a contract to grant a lease for a term which does not exceed three years, which takes effect ‘in possession’ (i.e. immediately) and which is at the best rent reasonably obtainable; contracts made at public auctions; certain contracts regulated by the Financial Services and Markets Act 2000 which include an intere

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Flashcard 1382225153292

Tags
#estates #freehold #land #law
Question
Under LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2:
  1. a contract to grant a lease for a term which does not exceed three years, which takes effect ‘in possession’ (i.e. immediately) and which is at [...];
  2. contracts made at public auctions;
  3. certain contracts regulated by the Financial Services and Markets Act 2000 which include an interest of some kind in land;
  4. the creation of resulting, implied or constructive trusts. (These will be explained on the Equity and Trusts course.)
Answer
the best rent reasonably obtainable


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r LP(MP)A 1989, s 2(5), certain contracts are exempt from the formality requirements of s 2: a contract to grant a lease for a term which does not exceed three years, which takes effect ‘in possession’ (i.e. immediately) and which is at <span>the best rent reasonably obtainable; contracts made at public auctions; certain contracts regulated by the Financial Services and Markets Act 2000 which include an interest of some kind in land; the creation of resulting,

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Flashcard 1382226201868

Tags
#estates #freehold #land #law
Question
LP(MP)A 1989, s 2 applies to all contracts made on or after 27 September 1989. This section imposes formal requirements for validity and, if satisfied, the valid contract is prima facie enforceable. All three of the following requirements must be satisfied to have a valid contract: (3)
Answer
  1. the contract must be in writing; and
  2. it must contain all the expressly agreed terms; and
  3. it must be signed by both parties.


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LP(MP)A 1989, s 2 applies to all contracts made on or after 27 September 1989. This section imposes formal requirements for validity and, if satisfied, the valid contract is prima facie enforceable. All three of the following requirements must be satisfied to have a valid contract: the contract must be in writing; and it must contain all the expressly agreed terms; and it must be signed by both parties.

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Flashcard 1382228036876

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#estates #freehold #land #law
Question
Contracts made on or after [...] are governed by the Law of Property (Miscellaneous Provisions) Act (LP(MP)A) 1989, s 2.
Answer
27 September 1989


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Contracts made on or after 27 September 1989 are governed by the Law of Property (Miscellaneous Provisions) Act (LP(MP)A) 1989, s 2.

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Flashcard 1382229085452

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#estates #freehold #land #law
Question
Note that a fee simple is deemed to be in possession if the estate owner is in receipt of rents and profits from the land or has the right to receive them ([ statute ]), for example where they have let it under a lease. Physical possession here is not necessary.
Answer
LPA 1925, s 205(1)(xix)


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Note that a fee simple is deemed to be in possession if the estate owner is in receipt of rents and profits from the land or has the right to receive them (LPA 1925, s 205(1)(xix)), for example where they have let it under a lease. Physical possession here is not necessary.

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Flashcard 1382230920460

Tags
#land #law #proprietary-estoppel
Question
In [ case ], the landowner, an elderly lady, persuaded her younger brother and his wife to live with her when they returned to England from Australia. They spent over £700 (then a considerable sum of money) on improvements to the property, on the basis that the landowner encouraged them to believe that the survivor of them would be able to live in the property for life. The court did not give effect to this expectation, as the landowner wanted to sell the property and buy a smaller, cheaper one for herself. She had no other assets, so would not be able to do this if the claimants were awarded a right to reside for life. The court granted them a licence to occupy the property until their expenditure had been repaid. In effect, this was a money award rather than an award of a proprietary right in the land.
Answer
Dodsworth v Dodsworth (1973) 228 EG 1115


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In Dodsworth v Dodsworth (1973) 228 EG 1115, the landowner, an elderly lady, persuaded her younger brother and his wife to live with her when they returned to England from Australia. They spent over £700 (then a

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Flashcard 1382232755468

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#land #law #proprietary-estoppel
Question
In [ case ], the Court of Appeal used this wide discretion when the claimant argued for an award based on his expectation. The respondents argued that ‘expectation’ should only be the starting point for an award. In response to these arguments the Court of Appeal steered a middle course:

“In such a case the court's natural response is to fulfil the claimant's expectations. But if the claimant's expectations are uncertain, or extravagant, or out of all proportion to the detriment which the claimant has suffered the court can and should recognise that the claimant's equity should be satisfied in another (and generally more limited) way.” Walker LJ (para.50)

Answer
Jennings v Rice [2002] EWCA Civ 159


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In Jennings v Rice [2002] EWCA Civ 159, the Court of Appeal used this wide discretion when the claimant argued for an award based on his expectation. The respondents argued that ‘expectation’ should only be the starting poin

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Flashcard 1382234590476

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#land #law #proprietary-estoppel
Question
In [ case ], it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s expectation was an easement, subject to making a payment for it. The court actually granted an easement without any payment, as the court took account of the council’s delay and high-handed manner towards the claimant. In that case, the court stated that the basis of an award should be ‘the minimum equity to do justice’ (Crabb v Arun DC [1976] Ch 179, at 198 per Scarman LJ).
Answer
Baker v Baker (1993) 25 HLR 408


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In Baker v Baker (1993) 25 HLR 408, it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s exp

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Flashcard 1382236425484

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#land #law #proprietary-estoppel
Question
In Baker v Baker (1993) 25 HLR 408, it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is [ case ] (see para 7.2 where the claimant’s expectation was an easement, subject to making a payment for it. The court actually granted an easement without any payment, as the court took account of the council’s delay and high-handed manner towards the claimant. In that case, the court stated that the basis of an award should be ‘the minimum equity to do justice’ (Crabb v Arun DC [1976] Ch 179, at 198 per Scarman LJ).
Answer
Crabb v Arun DC


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In Baker v Baker (1993) 25 HLR 408, it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s expectation was an easement, subject to making a payment for it. The court actually granted an easement without any payment, as the court took accoun

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Flashcard 1382238260492

Tags
#land #law #proprietary-estoppel
Question
In Baker v Baker (1993) 25 HLR 408, it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s expectation was [...]. The court actually granted an easement without any payment, as the court took account of the council’s delay and high-handed manner towards the claimant. In that case, the court stated that the basis of an award should be ‘the minimum equity to do justice’ (Crabb v Arun DC [1976] Ch 179, at 198 per Scarman LJ).
Answer
an easement, subject to making a payment for it


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pan>In Baker v Baker (1993) 25 HLR 408, it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s expectation was an easement, subject to making a payment for it. The court actually granted an easement without any payment, as the court took account of the council’s delay and high-handed manner towards the claimant. In that case, the

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Flashcard 1382239309068

Tags
#land #law #proprietary-estoppel
Question
In Baker v Baker (1993) 25 HLR 408, it was stated that no award could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s expectation was an easement, subject to making a payment for it. The court actually [...], as the court took account of the council’s delay and high-handed manner towards the claimant. In that case, the court stated that the basis of an award should be ‘the minimum equity to do justice’ (Crabb v Arun DC [1976] Ch 179, at 198 per Scarman LJ).
Answer
granted an easement without any payment


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ward could exceed the claimant’s expectation. This has broadly been followed, but a notable exception is Crabb v Arun DC (see para 7.2 where the claimant’s expectation was an easement, subject to making a payment for it. The court actually <span>granted an easement without any payment, as the court took account of the council’s delay and high-handed manner towards the claimant. In that case, the court stated that the basis of an award should be ‘the mi

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Flashcard 1382240357644

Tags
#land #law #proprietary-estoppel
Question
In [ case ] (see para 7.2.1.3 above, and your casebook), Lord Walker discussed whether unconscionability is a separate element of establishing an estoppel. He rejected ‘unconscionable’ as describing a state of mind and said:

Here it is being used (as in my opinion it should always be used) as an objective value judgment on behaviour (regardless of the state of mind of the individual in question). As such it does in my opinion play a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. In this case Mrs Lisle-Mainwaring's conduct was unattractive. She chose to stand on her rights rather than respecting her non-binding assurances, while Mr Cobbe continued to spend time and effort, between Christmas 2003 and March 2004, in obtaining planning permission. But Mr Cobbe knew that she was bound in honour only, and so in the eyes of equity her conduct, although unattractive, was not unconscionable.

Answer
Cobbe v Yeoman’s Row Management Ltd


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In Cobbe v Yeoman’s Row Management Ltd (see para 7.2.1.3 above, and your casebook), Lord Walker discussed whether unconscionability is a separate element of establishing an estoppel. He rejected ‘unconscionable’ as describing

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Flashcard 1382242192652

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#land #law #proprietary-estoppel
Question
Unconscionability is insufficient by itself (per Edward Nugee QC in [ case ]), but where the other three elements (assurance, reliance and detriment) are found, it is highly likely that the court will find that the landowner acted unconscionably in relying on his strict legal rights.
Answer
Re Basham (deceased) [1986] 1 WLR 1498


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Unconscionability is insufficient by itself (per Edward Nugee QC in Re Basham (deceased) [1986] 1 WLR 1498), but where the other three elements (assurance, reliance and detriment) are found, it is highly likely that the court will find that the landowner acted unconscionably in relying on

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#land #law #proprietary-estoppel
Question
Example of detriment: giving up job and accommodation to be nearer the landowner (see [ case ])
Answer
Maharaj v Shand [1986] AC 898


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Example of detriment: giving up job and accommodation to be nearer the landowner (see Maharaj v Shand [1986] AC 898)

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Question
Example of detriment: Providing unpaid services in the landowner’s home (see [ case ]
Answer
Greasley v Cooke [1980] 1 WLR 1306


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Example of detriment: Providing unpaid services in the landowner’s home (see Greasley v Cooke [1980] 1 WLR 1306

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Question
Example of detriment: providing unpaid services in the landowner’s business (see [ case ])
Answer
Wayling v Jones (1993) 69 P&CR 170


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Example of detriment: providing unpaid services in the landowner’s business (see Wayling v Jones (1993) 69 P&CR 170)

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Question
Despite Oliver J adding the element of unconscionability and suggesting a broader approach, this area of law is not simply a discretionary remedy. Lord Walker in [ case ] said that estoppel is ‘emphatically not a licence for abandoning careful analysis for unprincipled and subjective judicial opinion’
Answer
Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55


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Despite Oliver J adding the element of unconscionability and suggesting a broader approach, this area of law is not simply a discretionary remedy. Lord Walker in Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55 said that estoppel is ‘emphatically not a licence for abandoning careful analysis for unprincipled and subjective judicial opinion’

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Question
The [ statute ] provides that on any ‘conveyance’, certain easements shall be deemed to pass to the buyer (discussed in more detail in Chapter 10). A legal lease is a conveyance for the purpose of the section but an equitable lease is not.
Answer
LPA 1925, s 62


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The LPA 1925, s 62 provides that on any ‘conveyance’, certain easements shall be deemed to pass to the buyer (discussed in more detail in Chapter 10). A legal lease is a conveyance for the purpose of the

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Question
There is a potential conflict between the common law rules and those of equity as they cannot hold both a legal tenancy and an equitable tenancy simultaneously of the same demise. At common law, there is potentially a periodic tenancy, whereas in equity a lease will have been deemed granted for the full term. The conflict is resolved by following the decision in [ case ] which decided that in such situations the equitable lease would prevail and that no periodic tenancy would co-exist alongside it.
Answer
Walsh v Lonsdale (1882) 21 Ch D 9


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le tenancy simultaneously of the same demise. At common law, there is potentially a periodic tenancy, whereas in equity a lease will have been deemed granted for the full term. The conflict is resolved by following the decision in <span>Walsh v Lonsdale (1882) 21 Ch D 9 which decided that in such situations the equitable lease would prevail and that no periodic tenancy would co-exist alongside it.<span><body><html>

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Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the [ statute ]. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
LRA 2002, s 32


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ally binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the <span>LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), a

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Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the [ statute ] (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
LRA 2002, Sch 1 para 2


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equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the <span>LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with discoverable occupat

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Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and [statute] (for land where the superior title is already registered), any equitable lease coupled with discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
LRA 2002, Sch 3 para 2


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Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and <span>LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with discoverable occupation overrides the register. Such leases are another example of an ‘unreg

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Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with [...] overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
discoverable occupation


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tue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with <span>discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This

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Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a [...] land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).
Answer
C(iv)


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and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a <span>C(iv) land charge at the Land Charges Registry (Land Charges Act 1972, s 2(4)(iv)).<span><body><html>

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Question
Unlike a legal lease, a properly created equitable lease is not automatically binding on a new freehold owner. An equitable tenant should protect their interest under the Land Registration Act 2002, by entering a notice on the charges register of the substantively registered freehold title by virtue of the LRA 2002, s 32. However, by virtue of the LRA 2002, Sch 1 para 2 (for first registration of unregistered land) and LRA 2002, Sch 3 para 2 (for land where the superior title is already registered), any equitable lease coupled with discoverable occupation overrides the register. Such leases are another example of an ‘unregistered interest which overrides registered dispositions’ and will therefore bind a new estate owner. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry ([ statute ]).
Answer
Land Charges Act 1972, s 2(4)(iv)


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er. This will be explained in more detail in Chapter 5 of these study notes. Where the freehold land is unregistered then the equitable tenant should protect their interest by registering a C(iv) land charge at the Land Charges Registry (<span>Land Charges Act 1972, s 2(4)(iv)).<span><body><html>

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Question
Formalities to Transfer a Legal Lease
  1. A transfer of a legal lease is called an assignment. It must be:
    1. Completed by deed, regardless of the duration of the lease itself or how long there is still to run: [statute], Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
    2. If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a);
    3. If the lease has not already been registered, but has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and s 4(2)(b)).
  2. A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
s 52 LPA 1925


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><head>Formalities to Transfer a Legal Lease A transfer of a legal lease is called an assignment. It must be: Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989; If the lease has already been registered, the assignment must also be registered in accorda

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Question
Formalities to Transfer a Legal Lease
  1. A transfer of a legal lease is called an assignment. It must be:
    1. Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
    2. If the lease has already been registered, the assignment must also be registered in accordance with the [ statute ];
    3. If the lease has not already been registered, but has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and s 4(2)(b)).
  2. A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
LRA 2002, s 27(2)(a)


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ow long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989; If the lease has already been registered, the assignment must also be registered in accordance with the <span>LRA 2002, s 27(2)(a); If the lease has not already been registered, but has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002

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Question
Formalities to Transfer a Legal Lease
  1. A transfer of a legal lease is called an assignment. It must be:
    1. Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
    2. If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a);
    3. If the lease has not already been registered, but [...] (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and s 4(2)(b)).
  2. A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
has more than seven years to run at the date of the assignment


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l ER 744. The transfer document must comply with s 1 LP(MP)A 1989; If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a); If the lease has not already been registered, but <span>has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and

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Question
Formalities to Transfer a Legal Lease
  1. A transfer of a legal lease is called an assignment. It must be:
    1. Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
    2. If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a);
    3. If the lease has not already been registered, but has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate ([ statute ]).
  2. A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
LRA 2002, s 4(1)(a) and s 4(2)(b)


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n registered, but has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (<span>LRA 2002, s 4(1)(a) and s 4(2)(b)). A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performanc

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Question
If the tenant enters into possession and pays rent by reference to a period in accordance with the LPA 1925, s 54(2), the common law may recognise a legal periodic tenancy (see [ case ] para 3.3.2 above) instead of a longer fixed term lease.
Answer
Prudential Assurance Co Ltd v London Residuary Body


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If the tenant enters into possession and pays rent by reference to a period in accordance with the LPA 1925, s 54(2), the common law may recognise a legal periodic tenancy (see Prudential Assurance Co Ltd v London Residuary Body para 3.3.2 above) instead of a longer fixed term lease.

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Question
Leases for more than three years must be created by deed in order to be legal ([statute]). As they do not exceed seven years in length, such leases cannot be substantively registered but still take effect as legal leases provided they comply with LPA 1925, s 52.
Answer
LPA 1925, s 52; LP(MP)A 1989, s 1


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Leases for more than three years must be created by deed in order to be legal (LPA 1925, s 52; LP(MP)A 1989, s 1). As they do not exceed seven years in length, such leases cannot be substantively registered but still take effect as legal leases provided they comply with LPA 1925, s

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Flashcard 1382274698508

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Question
Leases for more than three years must be created by deed in order to be legal (LPA 1925, s 52; LP(MP)A 1989, s 1). As they do not exceed seven years in length, such leases cannot be [...] but still take effect as legal leases provided they comply with LPA 1925, s 52.
Answer
substantively registered


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Leases for more than three years must be created by deed in order to be legal (LPA 1925, s 52; LP(MP)A 1989, s 1). As they do not exceed seven years in length, such leases cannot be substantively registered but still take effect as legal leases provided they comply with LPA 1925, s 52.

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Question
A tenancy granted for life is automatically converted into a tenancy for a fixed term of 90 years ([ statute ]) determinable on the death of the grantee.
Answer
LPA 1925, s 149(6)


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A tenancy granted for life is automatically converted into a tenancy for a fixed term of 90 years (LPA 1925, s 149(6)) determinable on the death of the grantee.

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Question
The ‘term’ of the periodic tenancy depends upon [...], rather than the intervals at which it is payable. Frequently these are the same: an occupier will be asked to pay £500 per month and will actually pay monthly. But if the tenant agrees to pay £10,000 a year by four quarterly payments, the tenancy is a yearly tenancy not a quarterly tenancy, because the rent is calculated annually. See Ladies’ Hosiery and Underwear Ltd v Parker [1930] 1 Ch 304.
Answer
the period by reference to which the rent is calculated


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The ‘term’ of the periodic tenancy depends upon the period by reference to which the rent is calculated, rather than the intervals at which it is payable. Frequently these are the same: an occupier will be asked to pay £500 per month and will actually pay monthly. But if the tenant agre

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Question
The ‘term’ of the periodic tenancy depends upon the period by reference to which the rent is calculated, rather than the intervals at which it is payable. Frequently these are the same: an occupier will be asked to pay £500 per month and will actually pay monthly. But if the tenant agrees to pay £10,000 a year by four quarterly payments, the tenancy is a yearly tenancy not a quarterly tenancy, because the rent is calculated annually. See [ case ].
Answer
Ladies’ Hosiery and Underwear Ltd v Parker [1930] 1 Ch 304


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to pay £500 per month and will actually pay monthly. But if the tenant agrees to pay £10,000 a year by four quarterly payments, the tenancy is a yearly tenancy not a quarterly tenancy, because the rent is calculated annually. See <span>Ladies’ Hosiery and Underwear Ltd v Parker [1930] 1 Ch 304.<span><body><html>

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Question
Unlike the position of registering a disposition of unregistered land as above, the legal estate will remain with the seller until registration of the transfer into the buyer’s name: [statute].
Answer
LRA 2002, s 27(1)


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Unlike the position of registering a disposition of unregistered land as above, the legal estate will remain with the seller until registration of the transfer into the buyer’s name: LRA 2002, s 27(1).

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Question
[ statute ] If registration is not made within two months, any transfer or grant of a legal estate in the freehold or leasehold becomes void. It reverts to the transferor (seller) who will hold it on a bare trust for the transferee (buyer). The buyer will then only hold the equitable interest, not the legal title.
Answer
LRA 2002, s 7


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LRA 2002, s 7 If registration is not made within two months, any transfer or grant of a legal estate in the freehold or leasehold becomes void. It reverts to the transferor (seller) who will hold it

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Flashcard 1382284135692

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#estates #freehold #land #law
Question
In the case of [ case ], it was held that the typing or printing of a name does not constitute a signature. In this case, the purchaser prepared a contract for the seller to sign, which detailed the names of the parties and also identified the land to be sold ‘on the enclosed plan’. The seller signed the plan but not the contract document, and the purchaser signed both. The Court of Appeal held that the requirements of LP(MP)A 1989, s 2 had not been complied with, as it viewed the plan as being separate from the contract; the contract was the document which incorporated the plan, not vice versa. The purchaser could also not rely on the fact that the parties’ names were printed on the contract to constitute a ‘signature’ for the purposes of the Act.
Answer
Firstpost Homes Ltd v Johnson [1995] 1 WLR 1567


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In the case of Firstpost Homes Ltd v Johnson [1995] 1 WLR 1567, it was held that the typing or printing of a name does not constitute a signature. In this case, the purchaser prepared a contract for the seller to sign, which detailed the names of

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Flashcard 1382285970700

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#estates #freehold #land #law
Question
note that by a special exception in [ statute ], a conditional fee simple is treated as a fee simple absolute.
Answer
LPA 1925, s 7(1)


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note that by a special exception in LPA 1925, s 7(1), a conditional fee simple is treated as a fee simple absolute.

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Flashcard 1382287805708

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#land #law #proprietary-estoppel
Question
In [ case ], the claimant, Mrs Williams, was the landowner’s daughter. She had lived with her mother for most of her life, and spent her own money on repairs and improvements in the belief that she would be able to live in the property for the rest of her life. When the mother died, she left the property in her will to Mrs Griffiths. The court said that the claimant’s payment of basic outgoings did not give rise to any estoppel, as it could be said that the payments were made in return for being able to live in the property.
Answer
Griffiths v Williams (1977) 248 EG 947


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In Griffiths v Williams (1977) 248 EG 947, the claimant, Mrs Williams, was the landowner’s daughter. She had lived with her mother for most of her life, and spent her own money on repairs and improvements in the belief that s

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Flashcard 1382288854284

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#land #law #proprietary-estoppel
Question
In [ case ], the claimant was a lady who lived with a man for a number of years in his house. He made various assurances over the years that the house and contents were hers, but never took any formal steps to transfer them. When their relationship broke down, he moved out. The claimant spent a considerable proportion of her savings over the years improving the property. When the man sought an order for possession, the claimant claimed the fee simple by estoppel. She had expected the fee simple by gift, and that was what she was awarded. Her detrimental reliance was great, when assessed against the total amount of her life savings. She had spent 25 per cent of all that she had on the improvements, although objectively, that amounted to relatively little money.
Answer
Pascoe v Turner [1979] 1 WLR 431


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In Pascoe v Turner [1979] 1 WLR 431, the claimant was a lady who lived with a man for a number of years in his house. He made various assurances over the years that the house and contents were hers, but never took any f

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Flashcard 1382289902860

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#land #law #proprietary-estoppel
Question
Most recently it was confirmed in [ case ] that an estoppel can indeed be satisfied by fulfilling the applicant’s expectations in full provided it “is not out of all proportion to the detriment suffered”.
Answer
Davies v Davies [2015] EWHC 1384


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Most recently it was confirmed in Davies v Davies [2015] EWHC 1384 that an estoppel can indeed be satisfied by fulfilling the applicant’s expectations in full provided it “is not out of all proportion to the detriment suffered”.

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Flashcard 1382290951436

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#land #law #proprietary-estoppel
Question
In [ case ], the claimant had an affair. She became pregnant, left her husband and moved into a house owned by her lover, although they did not live together. She did not work after the baby was born, but did some improvements and repairs to the house over the years. After 10 years the relationship ended, and the claimant claimed the fee simple. The court held that although the claimant had suffered a detriment, in that she had given up her home, this was not done in reliance on any assurance as to property rights made by her lover. The court held that her actions were the normal actions of someone who is unhappily married. She had given up her home with her husband because she wanted to live with her lover, not in any expectation of property rights, and this could not be used in an estoppel claim.
Answer
Coombes v Smith [1986] 1 WLR 808


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In Coombes v Smith [1986] 1 WLR 808, the claimant had an affair. She became pregnant, left her husband and moved into a house owned by her lover, although they did not live together. She did not work after t

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Flashcard 1382292000012

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#land #law #proprietary-estoppel
Question
In [ case ] the son was found to have suffered detriment. Although he did not work for nothing, he worked for less than an agricultural worker would have expected. The judge at first instance said that the work done was ‘barely, vaguely and weakly particularised’ and did not amount to the sort of work done in Thorner v Major; nevertheless he had ‘positioned his whole life on the basis of the assurances given to him and reasonably believed by him’.
Answer
Suggitt v Suggitt


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In Suggitt v Suggitt the son was found to have suffered detriment. Although he did not work for nothing, he worked for less than an agricultural worker would have expected. The judge at first instance said

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Flashcard 1382293048588

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#land #law #proprietary-estoppel
Question
For example, in [ case ], the claimant was allowed into occupation of premises while the terms of the contract were being negotiated. The licence and the negotiations were explicitly made ‘subject to contract’, which effectively meant that they could be revoked at any time. The claimant suffered significant detriment but nonetheless failed in an estoppel claim. The court made it clear that reliance on incomplete negotiations, by itself, will not give rise to an estoppel claim.
Answer
Attorney-General of Hong Kong v Humphrey’s Estate (Queen’s Gardens) Limited [1987] AC 114


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For example, in Attorney-General of Hong Kong v Humphrey’s Estate (Queen’s Gardens) Limited [1987] AC 114, the claimant was allowed into occupation of premises while the terms of the contract were being negotiated. The licence and the negotiations were explicitly made ‘subje

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Flashcard 1382295670028

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#land #law #proprietary-estoppel
Question
The claimant must have suffered detriment in reliance on the assurance, but it is often very difficult to prove reliance and the courts are normally prepared to infer it in situations where that provides a plausible explanation of what has occurred. In fact it is probably the case that once the assurance and the detriment have been proved, a presumption of reliance arises and the burden of proving otherwise is placed on the shoulders of the defendant. (See, for example, the approach of the Court of Appeal in [ case ])
Answer
Wayling v Jones [1993] 69 P & CR 170


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once the assurance and the detriment have been proved, a presumption of reliance arises and the burden of proving otherwise is placed on the shoulders of the defendant. (See, for example, the approach of the Court of Appeal in <span>Wayling v Jones [1993] 69 P & CR 170)<span><body><html>

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Flashcard 1382298291468

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#land #law #proprietary-estoppel
Question
The overall test of unconscionability was introduced into the doctrine of proprietary estoppel by Oliver J in [ case ] (see para 7.2 above) and is now acknowledged to be an essential element of establishing a claim by estoppel. It is not unconscionable simply to disappoint someone’s expectations, but it may be unconscionable for a landowner to take advantage of a situation and rely on his strict legal rights.
Answer
Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd


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The overall test of unconscionability was introduced into the doctrine of proprietary estoppel by Oliver J in Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd (see para 7.2 above) and is now acknowledged to be an essential element of establishing a claim by estoppel. It is not unconscionable simply to disappoint someone’s expectations,

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Flashcard 1382302485772

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#land #law #proprietary-estoppel
Question
It is not possible to be absolutely precise as to when the doctrine will operate, simply because it is based on the fundamental premise that equity will step in to prevent unconscionable conduct. Robert Walker LJ said, in [ case ], at 225:

the doctrine of proprietary estoppel cannot be treated as subdivided into three or four watertight compartments … the quality of the relevant assurances may influence the issue of reliance, that reliance and detriment are often intertwined… . In the end the court must look at the matter in the round’

Answer
Gillett v Holt [2001] Ch 210


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ad>It is not possible to be absolutely precise as to when the doctrine will operate, simply because it is based on the fundamental premise that equity will step in to prevent unconscionable conduct. Robert Walker LJ said, in Gillett v Holt [2001] Ch 210, at 225: the doctrine of proprietary estoppel cannot be treated as subdivided into three or four watertight compartments … the quality of the relevant assurances may influe

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Flashcard 1382304320780

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#land #law #proprietary-estoppel
Question
The classic exposition of the modern law was set out in [ case ] at 170 by Lord Kingsdown, and subsequently in Wilmott v Barber (1880) 15 Ch D 96 at 105- 6 by Fry J. The requirements set out in those cases, known as ‘the probanda’, were strict and can be summarised as follows:
  1. The Claimant (C) must have made a mistake as to his rights over the owner’s (O) land.
  2. C must have spent money or done some act because of the mistake.
  3. O must be aware of his own rights.
  4. O must also be aware of C’s mistake.
  5. O must have encouraged C, either directly or indirectly, by not asserting his own rights.
Answer
Ramsden v Dyson (1866) LR1HL 129


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The classic exposition of the modern law was set out in Ramsden v Dyson (1866) LR1HL 129 at 170 by Lord Kingsdown, and subsequently in Wilmott v Barber (1880) 15 Ch D 96 at 105- 6 by Fry J. The requirements set out in those cases, known as ‘the probanda’, were strict and can

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Flashcard 1382306155788

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#estates #land #law #leasehold
Question
If a short lease does not meet the requirements of [ statute ], it must be created by deed to be a legal lease (LPA 1925, s 52)
Answer
LPA 1925, s 54(2)


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If a short lease does not meet the requirements of LPA 1925, s 54(2), it must be created by deed to be a legal lease (LPA 1925, s 52)

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Flashcard 1382307990796

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#estates #land #law #leasehold
Question
If a short lease does not meet the requirements of LPA 1925, s 54(2), it must be created by deed to be a legal lease ([ statute ])
Answer
LPA 1925, s 52


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If a short lease does not meet the requirements of LPA 1925, s 54(2), it must be created by deed to be a legal lease (LPA 1925, s 52)

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Flashcard 1382309825804

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#estates #freehold #land #law
Question
Where the title of land is already registered, dealings with that land must be completed by registration. Indeed, the disposition of registered land, for example a sale, will not operate at law until the relevant registration requirements have been met: [ statute ].
Answer
LRA 2002, s 27(1)


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le of land is already registered, dealings with that land must be completed by registration. Indeed, the disposition of registered land, for example a sale, will not operate at law until the relevant registration requirements have been met: <span>LRA 2002, s 27(1).<span><body><html>

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Flashcard 1382311660812

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#estates #freehold #land #law
Question
The question of whether it was still possible to create a contract from correspondence, rather than a document compliant with LP(MP)A 1989, s 2, was decided in [ case ]. Here the court found that written correspondence between the parties amounted to the process of offer and acceptance leading to an agreement rather than to an exchange of contracts compliant with LP(MP)A 1989, s 2.
Answer
Commission for the New Towns v Cooper (Great Britain) Ltd [1995] Ch 259


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The question of whether it was still possible to create a contract from correspondence, rather than a document compliant with LP(MP)A 1989, s 2, was decided in Commission for the New Towns v Cooper (Great Britain) Ltd [1995] Ch 259. Here the court found that written correspondence between the parties amounted to the process of offer and acceptance leading to an agreement rather than to an exchange of contracts c

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Flashcard 1382313495820

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#estates #freehold #land #law
Question
The terms may either be contained in one document, which is signed by both parties, or, if the contracts are to be exchanged, in two documents provided they are identical: see [...].
Answer
LP(MP)A 1989, s 2(1)


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The terms may either be contained in one document, which is signed by both parties, or, if the contracts are to be exchanged, in two documents provided they are identical: see LP(MP)A 1989, s 2(1).

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Flashcard 1382314544396

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#estates #freehold #land #law
Question
Generally, all conveyances of legal title must be by deed: [...]. (There are some exceptions in LPA 1925, s 52(2).)
Answer
LPA 1925, s 52(1)


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Generally, all conveyances of legal title must be by deed: LPA 1925, s 52(1). (There are some exceptions in LPA 1925, s 52(2).)

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Flashcard 1382316641548

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#co-ownership #land #law
Question
All trusts for sale existing as at 1 January 1997 were converted into trusts of land (TLATA 1996, s [...]) and are now governed by TLATA 1996.
Answer
1(2)(b)


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All trusts for sale existing as at 1 January 1997 were converted into trusts of land (TLATA 1996, s 1(2)(b)) and are now governed by TLATA 1996.

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Flashcard 1382317690124

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#co-ownership #land #law
Question
All trusts for sale existing as at [...] were converted into trusts of land (TLATA 1996, s 1(2)(b)) and are now governed by TLATA 1996.
Answer
1 January 1997


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All trusts for sale existing as at 1 January 1997 were converted into trusts of land (TLATA 1996, s 1(2)(b)) and are now governed by TLATA 1996.

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Flashcard 1382398692620

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#co-ownership #land #law
Question
The LPA 1925, ss 34 and 36 have been amended by [ statute ]. Since 1 January 1997, in all instances caught by ss 34 and 36, there is now a trust of land.
Answer
TLATA 1996, Sch 2 paras 3 and 4


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The LPA 1925, ss 34 and 36 have been amended by TLATA 1996, Sch 2 paras 3 and 4. Since 1 January 1997, in all instances caught by ss 34 and 36, there is now a trust of land.

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Flashcard 1382400527628

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#co-ownership #land #law
Question
As previously mentioned, the trust of land is governed by TLATA 1996, which came into effect on 1 January 1997. It is defined in s [...] as ‘any trust of property which consists of or includes land’.
Answer
1(1)(a)


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As previously mentioned, the trust of land is governed by TLATA 1996, which came into effect on 1 January 1997. It is defined in s 1(1)(a) as ‘any trust of property which consists of or includes land’.

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Flashcard 1382401576204

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#co-ownership #land #law
Question
As previously mentioned, the trust of land is governed by TLATA 1996, which came into effect on 1 January 1997. It is defined in s 1(1)(a) as ‘[...]’.
Answer
any trust of property which consists of or includes land


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As previously mentioned, the trust of land is governed by TLATA 1996, which came into effect on 1 January 1997. It is defined in s 1(1)(a) as ‘any trust of property which consists of or includes land’.

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Flashcard 1382402624780

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#co-ownership #land #law
Question
As joint tenants are viewed as being this single entity, a joint tenancy cannot exist unless the ‘four unities’ are present: [ case ].
Answer
AG Securities v Vaughan and others [1990] AC 417


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As joint tenants are viewed as being this single entity, a joint tenancy cannot exist unless the ‘four unities’ are present: AG Securities v Vaughan and others [1990] AC 417.

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Flashcard 1382404459788

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Question
This right of survivorship means that when one joint tenant dies, his interest dies with him. It does not pass under his will or intestacy. This is because the right of survivorship operates immediately on death, whereas a will is operative after death, so survivorship takes effect first (In [ case ]).
Answer
Re Caines deceased [1978] 1 WLR 540


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tenant dies, his interest dies with him. It does not pass under his will or intestacy. This is because the right of survivorship operates immediately on death, whereas a will is operative after death, so survivorship takes effect first (In <span>Re Caines deceased [1978] 1 WLR 540).<span><body><html>

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Flashcard 1382406294796

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#co-ownership #land #law
Question
Of the four unities, only the unity of [...] is essential for a tenancy in common to exist, although others may be present. This is because under a tenancy in common, each co-owner is regarded as having a distinct ‘undivided share in the land’. The tenants have quite separate interests, although while the tenancy lasts no-one can say which of them owns any particular part of the land; hence their shares being ‘undivided’.
Answer
possession


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Of the four unities, only the unity of possession is essential for a tenancy in common to exist, although others may be present. This is because under a tenancy in common, each co-owner is regarded as having a distinct ‘undivided shar

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Flashcard 1382407343372

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#co-ownership #land #law
Question
Legal title must now always be held by way of a joint tenancy: [ statute ].
Answer
LPA 1925, s 1(6)


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Legal title must now always be held by way of a joint tenancy: LPA 1925, s 1(6).

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Flashcard 1382409178380

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#co-ownership #land #law
Question
there can be no severance of a legal joint tenancy so as to create a tenancy in common: [ statute ].
Answer
LPA 1925, s 36(2)


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there can be no severance of a legal joint tenancy so as to create a tenancy in common: LPA 1925, s 36(2).

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Flashcard 1382411013388

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#co-ownership #land #law
Question
Where there is an express declaration, this declaration will prevail: [ case ].
Answer
Pink v Lawrence (1978) 36 P & CR 98


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Where there is an express declaration, this declaration will prevail: Pink v Lawrence (1978) 36 P & CR 98.

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Flashcard 1382413634828

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#co-ownership #land #law
Question
Where there is no evidence of an express declaration, a tenancy in common may be found where there are words of severance present in the grant. Such words include:
1. In equal shares (see [ case ]);
2. Share and share alike (see Heathe v Heathe (1740) 2 Atk 121);
3. To be divided between (see Fisher v Wigg (1696) 1 PWms 14);
4. Equally (see Re Kilvert deceased [1957] Ch 388).
Answer
Payne v Webb (1874-75) LR 19 Eq 26


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Where there is no evidence of an express declaration, a tenancy in common may be found where there are words of severance present in the grant. Such words include: 1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26); 2. Share and share alike (see Heathe v Heathe (1740) 2 Atk 121); 3. To be divided between (see Fisher v Wigg (1696) 1 PWms 14); 4. Equally (see Re Kilvert deceased [195

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Flashcard 1382415469836

Tags
#co-ownership #land #law
Question
Where there is no evidence of an express declaration, a tenancy in common may be found where there are words of severance present in the grant. Such words include:
1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26);
2. Share and share alike (see [ case ]);
3. To be divided between (see Fisher v Wigg (1696) 1 PWms 14);
4. Equally (see Re Kilvert deceased [1957] Ch 388).
Answer
Heathe v Heathe (1740) 2 Atk 121


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ence of an express declaration, a tenancy in common may be found where there are words of severance present in the grant. Such words include: 1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26); 2. Share and share alike (see <span>Heathe v Heathe (1740) 2 Atk 121); 3. To be divided between (see Fisher v Wigg (1696) 1 PWms 14); 4. Equally (see Re Kilvert deceased [1957] Ch 388).<span><body><html>

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Flashcard 1382417304844

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Question
Where there is no evidence of an express declaration, a tenancy in common may be found where there are words of severance present in the grant. Such words include:
1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26);
2. Share and share alike (see Heathe v Heathe (1740) 2 Atk 121);
3. To be divided between (see [ case ]);
4. Equally (see Re Kilvert deceased [1957] Ch 388).
Answer
Fisher v Wigg (1696) 1 PWms 14


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there are words of severance present in the grant. Such words include: 1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26); 2. Share and share alike (see Heathe v Heathe (1740) 2 Atk 121); 3. To be divided between (see <span>Fisher v Wigg (1696) 1 PWms 14); 4. Equally (see Re Kilvert deceased [1957] Ch 388).<span><body><html>

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Question
Where there is no evidence of an express declaration, a tenancy in common may be found where there are words of severance present in the grant. Such words include:
1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26);
2. Share and share alike (see Heathe v Heathe (1740) 2 Atk 121);
3. To be divided between (see Fisher v Wigg (1696) 1 PWms 14);
4. Equally (see [ case ]).
Answer
Re Kilvert deceased [1957] Ch 388


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ch words include: 1. In equal shares (see Payne v Webb (1874-75) LR 19 Eq 26); 2. Share and share alike (see Heathe v Heathe (1740) 2 Atk 121); 3. To be divided between (see Fisher v Wigg (1696) 1 PWms 14); 4. Equally (see <span>Re Kilvert deceased [1957] Ch 388).<span><body><html>

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Question
The purchase money is provided in unequal shares. The purchasers are presumed to take as [...] (Bull v Bull [1955] 1 QB 234).
Answer
tenants in common in equity in proportion to their respective contributions


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The purchase money is provided in unequal shares. The purchasers are presumed to take as tenants in common in equity in proportion to their respective contributions (Bull v Bull [1955] 1 QB 234).

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Question
The purchase money is provided in unequal shares. The purchasers are presumed to take as tenants in common in equity in proportion to their respective contributions ([ case ]).
Answer
Bull v Bull [1955] 1 QB 234


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The purchase money is provided in unequal shares. The purchasers are presumed to take as tenants in common in equity in proportion to their respective contributions (Bull v Bull [1955] 1 QB 234).

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Question
Partnership assets – Jus accrescendi inter mercatores locum non habet: the right of survivorship has no place in business ([ case ]).
Answer
Lake v Craddock (1732) 3 P Wms 158


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Partnership assets – Jus accrescendi inter mercatores locum non habet: the right of survivorship has no place in business (Lake v Craddock (1732) 3 P Wms 158).

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Question
remember the above presumptions can be rebutted, for example by the use of express words in the deed transferring the property ([ case ]).
Answer
Pink v Lawrence


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remember the above presumptions can be rebutted, for example by the use of express words in the deed transferring the property (Pink v Lawrence).

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Severance…. is the process of separating off the share of a joint tenant, so that the concurrent ownership will continue but the right of survivorship will no longer apply. The parties will hold separate shares as tenants in common. Dillon LJ in [ case ].
Answer
Harris v Goddard [1983] 1 WLR 1203


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ance…. is the process of separating off the share of a joint tenant, so that the concurrent ownership will continue but the right of survivorship will no longer apply. The parties will hold separate shares as tenants in common. Dillon LJ in <span>Harris v Goddard [1983] 1 WLR 1203. <span><body><html>

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Remember, it is not possible to sever a legal joint tenancy (i.e. a joint tenancy of the legal title). This is the effect of [ statute ], which applies even though there would otherwise be automatic severance, for example where a new trustee is appointed (thus severing the unities of title and time).
Answer
LPA 1925, s 36(2)


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Remember, it is not possible to sever a legal joint tenancy (i.e. a joint tenancy of the legal title). This is the effect of LPA 1925, s 36(2), which applies even though there would otherwise be automatic severance, for example where a new trustee is appointed (thus severing the unities of title and time). </bo

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Question
In the absence of agreement between the co-owners, when an equitable joint tenancy is severed, the joint tenant who severs acquires a share in proportion to the number of joint tenants alive at the time of the severance and not in proportion to any contributions made to the purchase price. This was established in the case of [ case ]
Answer
Goodman v Gallant [1986] Fam 106


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severed, the joint tenant who severs acquires a share in proportion to the number of joint tenants alive at the time of the severance and not in proportion to any contributions made to the purchase price. This was established in the case of <span>Goodman v Gallant [1986] Fam 106<span><body><html>

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In the absence of agreement between the co-owners, when an equitable joint tenancy is severed, the joint tenant who severs acquires a share in proportion to [...] and not in proportion to any contributions made to the purchase price. This was established in the case of Goodman v Gallant [1986] Fam 106
Answer
the number of joint tenants alive at the time of the severance


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In the absence of agreement between the co-owners, when an equitable joint tenancy is severed, the joint tenant who severs acquires a share in proportion to the number of joint tenants alive at the time of the severance and not in proportion to any contributions made to the purchase price. This was established in the case of Goodman v Gallant [1986] Fam 106

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It is important to note that for severance to be effective, it must occur during the lifetime of the joint tenant wishing to sever. A joint tenancy cannot be severed by will: [ case ].
Answer
Re Caines deceased [1978] 1 WLR 540


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It is important to note that for severance to be effective, it must occur during the lifetime of the joint tenant wishing to sever. A joint tenancy cannot be severed by will: Re Caines deceased [1978] 1 WLR 540.

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Question
Written Notice: This mode of severance was introduced by [ statute ].
Answer
LPA 1925, s 36(2)


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Written Notice This mode of severance was introduced by LPA 1925, s 36(2).

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Question
Written notice must be given ‘to the other joint tenants’ and note that it must be to all the other joint tenants stating the [...] intention to sever immediately, either expressly or by implication.
Answer
unequivocal and irrevocable


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Written notice must be given ‘to the other joint tenants’ and note that it must be to all the other joint tenants stating the unequivocal and irrevocable intention to sever immediately, either expressly or by implication.

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Written notice must be given ‘to the other joint tenants’ and note that it must be to all the other joint tenants stating the unequivocal and irrevocable intention to sever [...], either expressly or by implication.
Answer
immediately


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Written notice must be given ‘to the other joint tenants’ and note that it must be to all the other joint tenants stating the unequivocal and irrevocable intention to sever immediately, either expressly or by implication.

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However, in [ case ], on similar facts to Re Draper’s Conveyance, it was held that the divorce petition, which made no immediate claim, but prayed (sought) for a property adjustment order to be made in the future, was not enough to sever the joint tenancy. This was because a divorce petition alone was held not to convey a sufficient desire to sever immediately.
Answer
Harris v Goddard [1983] 1 WLR 1203


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However, in Harris v Goddard [1983] 1 WLR 1203, on similar facts to Re Draper’s Conveyance, it was held that the divorce petition, which made no immediate claim, but prayed (sought) for a property adjustment order to be made in th

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However, in Harris v Goddard [1983] 1 WLR 1203, on similar facts to Re Draper’s Conveyance, it was held that the [...], but prayed (sought) for a property adjustment order to be made in the future, was not enough to sever the joint tenancy. This was because a divorce petition alone was held not to convey a sufficient desire to sever immediately.
Answer
divorce petition, which made no immediate claim


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However, in Harris v Goddard [1983] 1 WLR 1203, on similar facts to Re Draper’s Conveyance, it was held that the divorce petition, which made no immediate claim, but prayed (sought) for a property adjustment order to be made in the future, was not enough to sever the joint tenancy. This was because a divorce petition alone was held not to con

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See also the more recent case of [ case ] which concerned a couple, Mr Pilkington and Mrs Masterson, who had lived together in a house which they held as joint tenants. Following the breakdown of the relationship, Mr Pilkington instructed his solicitors to sever the joint tenancy by serving written notice upon Mrs Masterson. Unfortunately, they failed to serve the notice properly. Mr Pilkington’s health deteriorated and Court of Protection proceedings followed in which their daughter, Mrs Quigley, applied to be appointed as Mr Pilkington’s deputy. Mr Pilkington then died.
The High Court rejected an argument by Mrs Quigley that the joint tenancy had been severed by mutual conduct (see below for details regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under LPA 1925, s 36(2). Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in order that the sale proceeds could be divided between her and Mr Pilkington. The joint tenancy had therefore been severed.
Answer
Quigley v Masterson [2011] EWHC 2529 (Ch)


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See also the more recent case of Quigley v Masterson [2011] EWHC 2529 (Ch) which concerned a couple, Mr Pilkington and Mrs Masterson, who had lived together in a house which they held as joint tenants. Following the breakdown of the relationship, Mr Pilkingt

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See also the more recent case of Quigley v Masterson [2011] EWHC 2529 (Ch) which concerned a couple, Mr Pilkington and Mrs Masterson, who had lived together in a house which they held as joint tenants. Following the breakdown of the relationship, Mr Pilkington instructed his solicitors to sever the joint tenancy by serving written notice upon Mrs Masterson. Unfortunately, they failed to serve the notice properly. Mr Pilkington’s health deteriorated and Court of Protection proceedings followed in which their daughter, Mrs Quigley, applied to be appointed as Mr Pilkington’s deputy. Mr Pilkington then died. The High Court rejected an argument by Mrs Quigley that the joint tenancy had been severed by mutual conduct (see below for details regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under [ statute ]. Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in order that the sale proceeds could be divided between her and Mr Pilkington. The joint tenancy had therefore been severed.
Answer
LPA 1925, s 36(2)


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regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under <span>LPA 1925, s 36(2). Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in orde

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For severance to be effective under this mode, it must be deemed served on the other joint tenants. It is deemed sufficiently served if handed over to the other joint tenant(s) or if left at the ‘last known place of abode or business’ of the person upon whom it is to be served ([ statute ]).
Answer
LPA 1925, s 196


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is mode, it must be deemed served on the other joint tenants. It is deemed sufficiently served if handed over to the other joint tenant(s) or if left at the ‘last known place of abode or business’ of the person upon whom it is to be served (<span>LPA 1925, s 196).<span><body><html>

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The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in [ case ]: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by mutual agreement. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)
Answer
Williams v Hensman (1861) 1 J & H 546


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The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. E

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The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, [...] may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by mutual agreement. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)
Answer
an act of any one of the persons interested operating upon his own share


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ad>The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, hi

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The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by [...]. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)
Answer
mutual agreement


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rance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by <span>mutual agreement. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.

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The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by mutual agreement. And, in the third place, there may be a severance by any [...]. (at p 557)
Answer
course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common


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st in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by mutual agreement. And, in the third place, there may be a severance by any <span>course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)<span><body><html>

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Total alienation This is an [...]. As it is a disposition of a beneficial interest under a trust, it must comply with LPA 1925, s 53(1)(c), i.e. be in writing signed by the person disposing of the interest. See Ahmed v Kendrick (1988) 56 P & CR 120, where severance was held to have occurred when the husband sold the jointly owned house by forging his wife’s signature on both the contract and the registered transfer.
Answer
outright disposal of the interest in favour of a third party


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Total alienation This is an outright disposal of the interest in favour of a third party. As it is a disposition of a beneficial interest under a trust, it must comply with LPA 1925, s 53(1)(c), i.e. be in writing signed by the person disposing of the interest. See Ahmed

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Total alienation This is an outright disposal of the interest in favour of a third party. As it is a disposition of a beneficial interest under a trust, it must comply with [ statute ], i.e. be in writing signed by the person disposing of the interest. See Ahmed v Kendrick (1988) 56 P & CR 120, where severance was held to have occurred when the husband sold the jointly owned house by forging his wife’s signature on both the contract and the registered transfer.
Answer
LPA 1925, s 53(1)(c)


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Total alienation This is an outright disposal of the interest in favour of a third party. As it is a disposition of a beneficial interest under a trust, it must comply with LPA 1925, s 53(1)(c), i.e. be in writing signed by the person disposing of the interest. See Ahmed v Kendrick (1988) 56 P & CR 120, where severance was held to have occurred when the husband sold the

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Total alienation This is an outright disposal of the interest in favour of a third party. As it is a disposition of a beneficial interest under a trust, it must comply with LPA 1925, s 53(1)(c), i.e. be in writing signed by the person disposing of the interest. See [ case ], where severance was held to have occurred when the husband sold the jointly owned house by forging his wife’s signature on both the contract and the registered transfer.
Answer
Ahmed v Kendrick (1988) 56 P & CR 120


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n outright disposal of the interest in favour of a third party. As it is a disposition of a beneficial interest under a trust, it must comply with LPA 1925, s 53(1)(c), i.e. be in writing signed by the person disposing of the interest. See <span>Ahmed v Kendrick (1988) 56 P & CR 120, where severance was held to have occurred when the husband sold the jointly owned house by forging his wife’s signature on both the contract and the registered transfer.</span

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Compare [ case ], where there was held to be no severance where the purchaser colluded in the forgery by the husband (who was joint tenant with his wife) of his wife’s signature on the conveyance.
Answer
Penn v Bristol and West Building Society [1995] 2 FLR 938


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Compare Penn v Bristol and West Building Society [1995] 2 FLR 938, where there was held to be no severance where the purchaser colluded in the forgery by the husband (who was joint tenant with his wife) of his wife’s signature on the conveyance.</s

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Partial alienation This occurs where the joint tenant [...]. See First National Securities Limited v Hegerty [1985] QB 850, where the husband purported to mortgage jointly owned property by forging his wife’s signature. This was held to be a charge on his equitable interest only, which severed the joint tenancy.
Answer
charges or mortgages his equitable interest in the property


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Partial alienation This occurs where the joint tenant charges or mortgages his equitable interest in the property. See First National Securities Limited v Hegerty [1985] QB 850, where the husband purported to mortgage jointly owned property by forging his wife’s signature. This was held to be

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Partial alienation This occurs where the joint tenant charges or mortgages his equitable interest in the property. See [ case ], where the husband purported to mortgage jointly owned property by forging his wife’s signature. This was held to be a charge on his equitable interest only, which severed the joint tenancy.
Answer
First National Securities Limited v Hegerty [1985] QB 850


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Partial alienation This occurs where the joint tenant charges or mortgages his equitable interest in the property. See First National Securities Limited v Hegerty [1985] QB 850, where the husband purported to mortgage jointly owned property by forging his wife’s signature. This was held to be a charge on his equitable interest only, which severed the joint

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Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy.

[ case ] A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that they were to hold as joint tenants beneficially. Even though this declaration had not been signed by the husband and wife, the courts held that they were joint tenants beneficially and that upon the bankruptcy of the husband, the trustee was entitled to one half of the value of the house.
Answer
Re Gorman [1990] 1 WLR 616


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Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy. Re Gorman [1990] 1 WLR 616 A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that t

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Involuntary alienation: Bankruptcy automatically has the effect of transferring the bankrupt’s assets to the trustee in bankruptcy, thus severing any joint tenancy.

Re Gorman [1990] 1 WLR 616 A husband and wife were co-owners of the matrimonial home. The wife had in effect paid for the house, but the transfer of the land contained a declaration, the effect of which was that they were to hold as joint tenants beneficially. Even though this declaration had not been signed by the husband and wife, the courts held that they were joint tenants beneficially and that upon the bankruptcy of the husband, the trustee was entitled to [...].
Answer
one half of the value of the house


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o hold as joint tenants beneficially. Even though this declaration had not been signed by the husband and wife, the courts held that they were joint tenants beneficially and that upon the bankruptcy of the husband, the trustee was entitled to <span>one half of the value of the house.<span><body><html>

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A contract to alienate If a joint tenant enters into a [...], that will be alienation, as equity looks upon that as done which ought to be done: Brown v Raindle (1796) 3 Ves Jr 256.
Answer
specifically enforceable contract to dispose of their interest in a property


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A contract to alienate If a joint tenant enters into a specifically enforceable contract to dispose of their interest in a property, that will be alienation, as equity looks upon that as done which ought to be done: Brown v Raindle (1796) 3 Ves Jr 256.

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A contract to alienate If a joint tenant enters into a specifically enforceable contract to dispose of their interest in a property, that will be alienation, as equity looks upon that as done which ought to be done: [ case ].
Answer
Brown v Raindle (1796) 3 Ves Jr 256


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/head>A contract to alienate If a joint tenant enters into a specifically enforceable contract to dispose of their interest in a property, that will be alienation, as equity looks upon that as done which ought to be done: Brown v Raindle (1796) 3 Ves Jr 256.<html>

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In [ case ], the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instructed once the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could not, by itself, sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had gone further by, for example: indicating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be divided in a balanced way.
Answer
Davis and another v Smith [2011] EWCA Civ 1603


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In Davis and another v Smith [2011] EWCA Civ 1603, the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instr

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In Davis and another v Smith [2011] EWCA Civ 1603, the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instructed once the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could [...] sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had gone further by, for example: indicating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be divided in a balanced way.
Answer
not, by itself,


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the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could <span>not, by itself, sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had

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Flashcard 1382471306508

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Question
In Davis and another v Smith [2011] EWCA Civ 1603, the Court of Appeal was required to consider whether severance had occurred during the course of numerous correspondence exchanged between the parties’ solicitors (who had been instructed once the couple’s marriage had broken down). Lord Neuberger accepted the view that a mere agreement to put a jointly owned property on the market, or indeed a subsequent joint acceptance of a ‘subject to contract’ offer on that property, could not, by itself, sever the joint tenancy. Such action alone would not be inconsistent with a joint tenancy continuing and applying to the sale proceeds. However, in this particular case the parties had gone further by, for example: indicating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be [...].
Answer
divided in a balanced way


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icating that when the house was sold, the sale proceeds would be divided; by both parties benefiting from seeking legal advice; by discussions between them which recognised that when various joint assets had been sold, the proceeds would be <span>divided in a balanced way.<span><body><html>

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[ case ] Despite a property being physically divided, severance was held not to be effective as it appeared the parties were content with the right of survivorship continuing to operate between them.
Answer
Greenfield v Greenfield (1979) 38 P&CR 570


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Greenfield v Greenfield (1979) 38 P&CR 570 Despite a property being physically divided, severance was held not to be effective as it appeared the parties were content with the right of survivorship continuing to operate between

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Two cases illustrate how the courts have interpreted the parties’ conduct when considering the content of parties’ wills. In the case of Carr v Isard [2007] WTLR 409, a mother and father each executed a will. In her will, the mother directed that upon her death her husband should receive a life interest in her ‘share’. The husband’s will was slightly different; although he also gave a life interest to his wife on his death, this was an interest in the residue of the whole. Following their eventual deaths, the court, relying on Burgess v Rawnsley, held that the differences within the wills did not support the suggestion of a common intention to sever. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common.

This case can be contrasted against [ case ]. This time a brother and sister each executed wills giving each other life interests in their share of the property on their deaths. In this case it was held that both wills contained clear instructions that life interests in a ‘share’ be given, which was inconsistent with a joint tenancy. This demonstrated an agreement to hold distinct shares and amounted to severance.
Answer
Re Woolnough (Deceased) [2002] WLTR 595


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differences within the wills did not support the suggestion of a common intention to sever. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common. This case can be contrasted against <span>Re Woolnough (Deceased) [2002] WLTR 595. This time a brother and sister each executed wills giving each other life interests in their share of the property on their deaths. In this case it was held that both wills contained c

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Two cases illustrate how the courts have interpreted the parties’ conduct when considering the content of parties’ wills. In the case of Carr v Isard [2007] WTLR 409, a mother and father each executed a will. In her will, the mother directed that upon her death her husband should receive a life interest in her ‘share’. The husband’s will was slightly different; although he also gave a life interest to his wife on his death, this was an interest in the residue of the whole. Following their eventual deaths, the court, relying on Burgess v Rawnsley, held that the differences within the wills did not support the suggestion of a common intention to sever. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common.

This case can be contrasted against Re Woolnough (Deceased) [2002] WLTR 595. This time a brother and sister each executed wills giving each other life interests in their share of the property on their deaths. In this case it was held that both wills contained clear instructions that life interests in a ‘share’ be given, which was inconsistent with a joint tenancy. This demonstrated [...] and amounted to severance.
Answer
an agreement to hold distinct shares


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her life interests in their share of the property on their deaths. In this case it was held that both wills contained clear instructions that life interests in a ‘share’ be given, which was inconsistent with a joint tenancy. This demonstrated <span>an agreement to hold distinct shares and amounted to severance.<span><body><html>

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Two cases illustrate how the courts have interpreted the parties’ conduct when considering the content of parties’ wills. In the case of [ case ], a mother and father each executed a will. In her will, the mother directed that upon her death her husband should receive a life interest in her ‘share’. The husband’s will was slightly different; although he also gave a life interest to his wife on his death, this was an interest in the residue of the whole. Following their eventual deaths, the court, relying on Burgess v Rawnsley, held that the differences within the wills did not support the suggestion of a common intention to sever. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common.

This case can be contrasted against Re Woolnough (Deceased) [2002] WLTR 595. This time a brother and sister each executed wills giving each other life interests in their share of the property on their deaths. In this case it was held that both wills contained clear instructions that life interests in a ‘share’ be given, which was inconsistent with a joint tenancy. This demonstrated an agreement to hold distinct shares and amounted to severance.
Answer
Carr v Isard [2007] WTLR 409


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Two cases illustrate how the courts have interpreted the parties’ conduct when considering the content of parties’ wills. In the case of Carr v Isard [2007] WTLR 409, a mother and father each executed a will. In her will, the mother directed that upon her death her husband should receive a life interest in her ‘share’. The husband’s will was slightl

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Two cases illustrate how the courts have interpreted the parties’ conduct when considering the content of parties’ wills. In the case of Carr v Isard [2007] WTLR 409, a mother and father each executed a will. In her will, the mother directed that upon her death her husband should receive a life interest in her ‘share’. The husband’s will was slightly different; although he also gave a life interest to his wife on his death, this was an interest in the residue of the whole. Following their eventual deaths, the court, relying on Burgess v Rawnsley, held that the differences within the wills [...]. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common.

This case can be contrasted against Re Woolnough (Deceased) [2002] WLTR 595. This time a brother and sister each executed wills giving each other life interests in their share of the property on their deaths. In this case it was held that both wills contained clear instructions that life interests in a ‘share’ be given, which was inconsistent with a joint tenancy. This demonstrated an agreement to hold distinct shares and amounted to severance.
Answer
did not support the suggestion of a common intention to sever


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different; although he also gave a life interest to his wife on his death, this was an interest in the residue of the whole. Following their eventual deaths, the court, relying on Burgess v Rawnsley, held that the differences within the wills <span>did not support the suggestion of a common intention to sever. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common. This case can be contrasted against Re Woolnough (Deceased) [2002] WLT

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Flashcard 1382479957260

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Question
When the property is sold, the proceeds are divided amongst the owners according to [...].
Answer
their relative interests


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When the property is sold, the proceeds are divided amongst the owners according to their relative interests.

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Question
Apportionment: This is the physical division of the land between the co-owners. Thereafter, each co-owner owns a separately identifiable piece of land for himself absolutely. The trustees have this power to partition the land, but they can only exercise it if they have the consent of the beneficiaries ([ statute ]).
Answer
TLATA 1996, s 7(3)


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the co-owners. Thereafter, each co-owner owns a separately identifiable piece of land for himself absolutely. The trustees have this power to partition the land, but they can only exercise it if they have the consent of the beneficiaries (<span>TLATA 1996, s 7(3)).<span><body><html>

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Merger This applies when one joint owner acquires the interest of his fellow joint owners either by purchase or by gift. A [...] is necessary where the legal estate is involved, though the beneficial interests could be transferred separately provided there is conformity with LPA 1925, s 53(1)(c). Alternatively, a tenancy in common can be acquired beneficially under the will or intestacy of the deceased.
Answer
deed


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Merger This applies when one joint owner acquires the interest of his fellow joint owners either by purchase or by gift. A deed is necessary where the legal estate is involved, though the beneficial interests could be transferred separately provided there is conformity with LPA 1925, s 53(1)(c). Alternatively,

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Registered Title If some or all of the beneficiaries are tenants in common in equity, a restriction should be entered on the proprietorship section of the register: [ statute ]
Answer
LRA 2002, ss 40, 42(1)(b) and 44(1)


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Registered Title If some or all of the beneficiaries are tenants in common in equity, a restriction should be entered on the proprietorship section of the register: LRA 2002, ss 40, 42(1)(b) and 44(1)

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Question
It is not possible to protect a beneficial interest under a trust by entering a notice on the charges register of the title ([ statute ])
Answer
LRA 2002, s 33(a)(i)


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It is not possible to protect a beneficial interest under a trust by entering a notice on the charges register of the title (LRA 2002, s 33(a)(i))

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Question
If the beneficiaries are tenants in common in equity, but no restriction is entered on the proprietorship section of the register, a purchaser of the legal estate may be bound by their interests if he does not overreach them. By virtue of [ statute ], these interests override the register provided the elements of the paragraph are present. So were equitable tenants in common to be in actual occupation of the property then because of this and the fact that they have an interest in the land, here in the form of a beneficial interest behind a trust, the purchaser would be bound unless one of the exceptions in LRA 2002, Sch 3 para2 existed.
Answer
LRA 2002, Sch 3 para 2


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n>If the beneficiaries are tenants in common in equity, but no restriction is entered on the proprietorship section of the register, a purchaser of the legal estate may be bound by their interests if he does not overreach them. By virtue of <span>LRA 2002, Sch 3 para 2, these interests override the register provided the elements of the paragraph are present. So were equitable tenants in common to be in actual occupation of the property then because

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Question
Unregistered Title Beneficial interests behind a trust are not registrable at the Central Land Charges Registry in Plymouth. This is because [...]. This operates in the same way as for registered title.
Answer
they can be overreached


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Unregistered Title Beneficial interests behind a trust are not registrable at the Central Land Charges Registry in Plymouth. This is because they can be overreached. This operates in the same way as for registered title.

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Flashcard 1382490443020

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Question
Under [ statute ] where the trustees exceed their powers, the purchaser will obtain the land free of the equitable interests by the machinery of overreaching, provided he did not have notice of the relevant limits on the trustees’ powers.
Answer
TLATA 1996, s 16


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Under TLATA 1996, s 16 where the trustees exceed their powers, the purchaser will obtain the land free of the equitable interests by the machinery of overreaching, provided he did not have notice of the rele

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Flashcard 1382492278028

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Question
Under TLATA 1996, s 16 where the trustees exceed their powers, the purchaser will obtain the land free of the equitable interests by the machinery of overreaching, provided he [...].
Answer
did not have notice of the relevant limits on the trustees’ powers


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Under TLATA 1996, s 16 where the trustees exceed their powers, the purchaser will obtain the land free of the equitable interests by the machinery of overreaching, provided he did not have notice of the relevant limits on the trustees’ powers.

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Flashcard 1382493326604

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Question
If there is only one trustee, a beneficiary can obtain an injunction to restrain sale until another trustee has been appointed. [ case ] The property was vested in the husband’s sole name, although the wife had made a contribution to the purchase price and thereby had an equitable interest. She was worried that the husband would sell the property and disappear with the proceeds and accordingly obtained an injunction to impede all dealings before the appointment of a second trustee.
Answer
Waller v Waller [1967] 1 WLR 451


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If there is only one trustee, a beneficiary can obtain an injunction to restrain sale until another trustee has been appointed. Waller v Waller [1967] 1 WLR 451 The property was vested in the husband’s sole name, although the wife had made a contribution to the purchase price and thereby had an equitable interest. She was worried that the husb

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Question
If the beneficiary under the implied trust is a spouse, he can register a [...] in unregistered land or enter a notice on the charges register in registered land (LRA 2002, s 32). This does not protect the interest under the trust of land, but will effectively put a block on any dealings in the property by the legally owning spouse.
Answer
Class F land charge


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If the beneficiary under the implied trust is a spouse, he can register a Class F land charge in unregistered land or enter a notice on the charges register in registered land (LRA 2002, s 32). This does not protect the interest under the trust of land, but will effectively put

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Flashcard 1382496210188

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Question
If the beneficiary under the implied trust is a spouse, he can register a Class F land charge in unregistered land or enter a notice on the charges register in registered land ([ statute ]). This does not protect the interest under the trust of land, but will effectively put a block on any dealings in the property by the legally owning spouse.
Answer
LRA 2002, s 32


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If the beneficiary under the implied trust is a spouse, he can register a Class F land charge in unregistered land or enter a notice on the charges register in registered land (LRA 2002, s 32). This does not protect the interest under the trust of land, but will effectively put a block on any dealings in the property by the legally owning spouse.

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Flashcard 1382498045196

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#estates #freehold-covenant #land #law
Question
The person who gives the promise is known as the [...].
Answer
covenantor


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The person who gives the promise is known as the covenantor.

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Flashcard 1382499093772

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Question
The person who gives the promise is known as the [...]. They are said to undertake the burden of the covenant, which means that they are at risk of being sued if the covenant is breached.
Answer
covenantor


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The person who gives the promise is known as the covenantor. They are said to undertake the burden of the covenant, which means that they are at risk of being sued if the covenant is breached.

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Flashcard 1382500142348

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Question
The person who gives the promise is known as the covenantor. They are said to undertake the [...] of the covenant, which means that they are at risk of being sued if the covenant is breached.
Answer
burden


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The person who gives the promise is known as the covenantor. They are said to undertake the burden of the covenant, which means that they are at risk of being sued if the covenant is breached.

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Flashcard 1382501190924

Tags
#estates #freehold-covenant #land #law
Question
The land owned by the covenantor (and their successors in title), which suffers the burden of the covenant, is called the [...] land.
Answer
servient


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The land owned by the covenantor (and their successors in title), which suffers the burden of the covenant, is called the servient land.

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Flashcard 1382502239500

Tags
#estates #freehold-covenant #land #law
Question
The land owned by the covenantor (and their successors in title), which [...] of the covenant, is called the servient land.
Answer
suffers the burden


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The land owned by the covenantor (and their successors in title), which suffers the burden of the covenant, is called the servient land.

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Flashcard 1382503288076

Tags
#estates #freehold-covenant #land #law
Question
The person who receives the benefit of the promise is known as the [...]. This person has the right to sue if the covenant is breached.
Answer
covenantee


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The person who receives the benefit of the promise is known as the covenantee. This person has the right to sue if the covenant is breached.

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Flashcard 1382504336652

Tags
#estates #freehold-covenant #land #law
Question
The person who receives the [...] of the promise is known as the covenantee. This person has the right to sue if the covenant is breached.
Answer
benefit


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The person who receives the benefit of the promise is known as the covenantee. This person has the right to sue if the covenant is breached.

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Flashcard 1382505385228

Tags
#estates #freehold-covenant #land #law
Question
The land owned by the covenantee (and their successors in title), which enjoys the [...] of the covenant, is called the dominant land.
Answer
benefit


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The land owned by the covenantee (and their successors in title), which enjoys the benefit of the covenant, is called the dominant land.

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Flashcard 1382506433804

Tags
#estates #freehold-covenant #land #law
Question
The land owned by the covenantee (and their successors in title), which enjoys the benefit of the covenant, is called the [...] land.
Answer
dominant


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The land owned by the covenantee (and their successors in title), which enjoys the benefit of the covenant, is called the dominant land.

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Flashcard 1382507482380

Tags
#estates #freehold-covenant #land #law
Question
Where a covenant is given by one freeholder for the benefit of another freeholder, this creates [...] between them.
Answer
a personal contractual relationship


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Where a covenant is given by one freeholder for the benefit of another freeholder, this creates a personal contractual relationship between them.

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Flashcard 1382508530956

Tags
#estates #freehold-covenant #land #law
Question
As should be obvious from what we said above, under normal contractual principles the benefit of a covenant may be expressly assigned by the original covenantee (here B) to their successor (here Y) under the [ statute ] as a chose in action. This will occur, provided the following conditions are met: 1. the assignment is in writing; and 2. express notice in writing of the assignment is given to the covenantor.
Answer
LPA 1925, s 136


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l>As should be obvious from what we said above, under normal contractual principles the benefit of a covenant may be expressly assigned by the original covenantee (here B) to their successor (here Y) under the LPA 1925, s 136 as a chose in action. This will occur, provided the following conditions are met: 1. the assignment is in writing; and 2. express notice in writing of the assignment is given to the

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Flashcard 1382510365964

Tags
#estates #freehold-covenant #land #law
Question
Note that a covenant not to compete with a business being carried out on the covenantee’s land may touch and concern the dominant land. It may be argued that such a covenant improves the enjoyment and utility of the dominant land (refer to the extract from the case of [ case ] in your casebook).
Answer
Newton Abbot Co‐operative Society Ltd v Williamson & Treadgold Ltd [1952] Ch 286


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d out on the covenantee’s land may touch and concern the dominant land. It may be argued that such a covenant improves the enjoyment and utility of the dominant land (refer to the extract from the case of <span>Newton Abbot Co‐operative Society Ltd v Williamson & Treadgold Ltd [1952] Ch 286 in your casebook).<span><body><html>

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Flashcard 1382512200972

Tags
#estates #freehold-covenant #land #law
Question
If the covenant does not expressly state that it is to benefit the land or successors in title to the land, the intention will be implied in post 1925 covenants as a result of the [ statute ].
Answer
LPA 1925, s 78(1)


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If the covenant does not expressly state that it is to benefit the land or successors in title to the land, the intention will be implied in post 1925 covenants as a result of the LPA 1925, s 78(1).

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Flashcard 1382514035980

Tags
#estates #freehold-covenant #land #law
Question
At common law, the burden of a covenant, positive or negative, can never pass with freehold land; it remains personal to the covenantor ([ case ]).
Answer
Austerberry v Corporation of Oldham (1885) 29 ChD 750


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At common law, the burden of a covenant, positive or negative, can never pass with freehold land; it remains personal to the covenantor (Austerberry v Corporation of Oldham (1885) 29 ChD 750).

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Flashcard 1382515870988

Tags
#estates #freehold-covenant #land #law
Question
Mutual Benefit and Burden: [ case ] This rule is a very narrow exception to the general rule that the burden of a covenant cannot pass to a successor in title at common law. It only applies where the dominant owner grants to the servient owner a benefit in the nature of a service or facility (maybe a right to use a drain across the land or a right of way over a driveway). The rule states that where a deed grants a benefit, but also imposes a connected burden (for example, a corresponding obligation to contribute to the cost of maintaining the drain or road), the servient owner cannot take the benefit and ignore the burden, even if they are not an original party to the deed.
Answer
Halsall v Brizell


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Mutual Benefit and Burden: Halsall v Brizell This rule is a very narrow exception to the general rule that the burden of a covenant cannot pass to a successor in title at common law. It only applies where the dominant

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Flashcard 1382517705996

Tags
#estates #freehold-covenant #land #law
Question
in addition to the benefit and burden being causally connected it was held in [ case ] that the benefit and the burden must have been conferred in or by the same transaction
Answer
Davies v Jones [2009] EWCA Civ 1164


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in addition to the benefit and burden being causally connected it was held in Davies v Jones [2009] EWCA Civ 1164 that the benefit and the burden must have been conferred in or by the same transaction

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Flashcard 1382519541004

Tags
#estates #freehold-covenant #land #law
Question
The liability is, therefore, conditional and if the successor is happy to do without the benefit, he cannot be made to submit to the burden. However, there will often be no real choice. If the successor has no option but to take the benefit (for example, in the case of [ case ] where the successor had no choice regarding a right of support) then the usual common law rule applies and the burden will not pass.
Answer
Rhone v Stephens [1994] 2 AC 310


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and if the successor is happy to do without the benefit, he cannot be made to submit to the burden. However, there will often be no real choice. If the successor has no option but to take the benefit (for example, in the case of <span>Rhone v Stephens [1994] 2 AC 310 where the successor had no choice regarding a right of support) then the usual common law rule applies and the burden will not pass.<span><body><html>

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Flashcard 1382521376012

Tags
#estates #freehold-covenant #land #law
Question
The Covenant Must be Negative This is a matter of substance not form. It is the effect of the covenant, rather than its wording, which determines whether it is negative or positive. Sometimes a covenant may be worded in terms where it is not clear whether it is positive or negative, such as a covenant ‘to use only as a private dwellinghouse’. The first question to ask is whether the covenant can be complied with by doing nothing. If the answer is ‘yes’, then the covenant is negative. Another test often used is to ask whether performance involves the expenditure of money: [ case ]. (This could also include any actions required to effect performance, on the basis that ‘time is money’). If so, it is positive.
Answer
Haywood v Brunswick Permanent Benefit Building Society (1881) 8 QBD 403


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e first question to ask is whether the covenant can be complied with by doing nothing. If the answer is ‘yes’, then the covenant is negative. Another test often used is to ask whether performance involves the expenditure of money: <span>Haywood v Brunswick Permanent Benefit Building Society (1881) 8 QBD 403. (This could also include any actions required to effect performance, on the basis that ‘time is money’). If so, it is positive.<span><body><html>

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Flashcard 1382523211020

Tags
#estates #freehold-covenant #land #law
Question
It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to [ case ]). To do this, the two parts of the obligation must be capable of standing alone as separate obligations.
Answer
Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267


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It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267). To do this, the two parts of the obligation must be capable of standing alone as separate obligations.

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Flashcard 1382525046028

Tags
#estates #freehold-covenant #land #law
Question
It may be possible to sever the positive undertaking from the negative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267). To do this, the two parts of the obligation must be capable of [...].
Answer
standing alone as separate obligations


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gative, thus allowing the negative undertaking to pass this first hurdle under Tulk v Moxhay (refer to Shepherd Homes Ltd v Sandham (No2) [1971] 2 All ER 1267). To do this, the two parts of the obligation must be capable of <span>standing alone as separate obligations.<span><body><html>

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Flashcard 1382526094604

Tags
#estates #freehold-covenant #land #law
Question
In [ case ], Lord Templeman said, ‘For over 100 years it has been clear and accepted law that equity will enforce negative covenants against freehold land but has no power to enforce positive covenants against successors in title of the land’.
Answer
Rhone v Stephens


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In Rhone v Stephens, Lord Templeman said, ‘For over 100 years it has been clear and accepted law that equity will enforce negative covenants against freehold land but has no power to enforce positive

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Flashcard 1382527929612

Tags
#estates #freehold-covenant #land #law
Question
both the servient and dominant lands must be sufficiently proximate to each other (see [ case ]).
Answer
Bailey v Stephens (1862) 12 CB (NS) 91


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both the servient and dominant lands must be sufficiently proximate to each other (see Bailey v Stephens (1862) 12 CB (NS) 91).

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Flashcard 1382529764620

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is registered at the Land Registry, a restrictive covenant must be entered as a [...] (LRA 2002, s 32). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marriage consideration) will take free of it (LRA 2002, s 29(1)), although anyone who is a volunteer will still be bound.
Answer
notice in the charges section of the register of the servient property


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Where title to the land is registered at the Land Registry, a restrictive covenant must be entered as a notice in the charges section of the register of the servient property (LRA 2002, s 32). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding n

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Flashcard 1382530813196

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is registered at the Land Registry, a restrictive covenant must be entered as a notice in the charges section of the register of the servient property ([ statute ]). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marriage consideration) will take free of it (LRA 2002, s 29(1)), although anyone who is a volunteer will still be bound.
Answer
LRA 2002, s 32


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Where title to the land is registered at the Land Registry, a restrictive covenant must be entered as a notice in the charges section of the register of the servient property (LRA 2002, s 32). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marr

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Flashcard 1382532648204

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is registered at the Land Registry, a restrictive covenant must be entered as a notice in the charges section of the register of the servient property (LRA 2002, s 32). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marriage consideration) will take free of it ([ statute ]), although anyone who is a volunteer will still be bound.
Answer
LRA 2002, s 29(1)


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LRA 2002, s 32). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marriage consideration) will take free of it (<span>LRA 2002, s 29(1)), although anyone who is a volunteer will still be bound.<span><body><html>

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Flashcard 1382534483212

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is registered at the Land Registry, a restrictive covenant must be entered as a notice in the charges section of the register of the servient property (LRA 2002, s 32). If it has been so entered, the covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marriage consideration) will take free of it (LRA 2002, s 29(1)), although anyone who is a [...] will still be bound.
Answer
volunteer


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he covenant will be binding upon everyone. If it has not been entered, then a purchaser for valuable consideration (excluding nominal and marriage consideration) will take free of it (LRA 2002, s 29(1)), although anyone who is a <span>volunteer will still be bound.<span><body><html>

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Flashcard 1382535531788

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is unregistered, a covenant imposed after 1925 must be registered as a [...]. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against a purchaser for money or money’s worth (including nominal but excluding marriage consideration) of a legal estate (LCA 1972, s4 (6)).
Answer
Class D(ii) land charge under the Land Charges Act 1972


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Where title to the land is unregistered, a covenant imposed after 1925 must be registered as a Class D(ii) land charge under the Land Charges Act 1972. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against a purchaser for money or money’s worth (including nominal but ex

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Flashcard 1382536580364

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is unregistered, a covenant imposed after 1925 must be registered as a Class D(ii) land charge under the Land Charges Act 1972. Registration as a Land Charge gives the requisite notice ([ statute ]). If not registered, it is void against a purchaser for money or money’s worth (including nominal but excluding marriage consideration) of a legal estate (LCA 1972, s4 (6)).
Answer
LPA 1925, s 198


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Where title to the land is unregistered, a covenant imposed after 1925 must be registered as a Class D(ii) land charge under the Land Charges Act 1972. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against a purchaser for money or money’s worth (including nominal but excluding marriage consideration) of a legal estate (LCA 1972, s4 (6)).

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Flashcard 1382538415372

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is unregistered, a covenant imposed after 1925 must be registered as a Class D(ii) land charge under the Land Charges Act 1972. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against [...] (including nominal but excluding marriage consideration) of a legal estate (LCA 1972, s4 (6)).
Answer
a purchaser for money or money’s worth


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covenant imposed after 1925 must be registered as a Class D(ii) land charge under the Land Charges Act 1972. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against <span>a purchaser for money or money’s worth (including nominal but excluding marriage consideration) of a legal estate (LCA 1972, s4 (6)).<span><body><html>

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Flashcard 1382539463948

Tags
#estates #freehold-covenant #land #law
Question
Where title to the land is unregistered, a covenant imposed after 1925 must be registered as a Class D(ii) land charge under the Land Charges Act 1972. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against a purchaser for money or money’s worth (including nominal but excluding marriage consideration) of a legal estate ([ statute ]).
Answer
LCA 1972, s4 (6)


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. Registration as a Land Charge gives the requisite notice (LPA 1925, s 198). If not registered, it is void against a purchaser for money or money’s worth (including nominal but excluding marriage consideration) of a legal estate (<span>LCA 1972, s4 (6)).<span><body><html>

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Flashcard 1382541298956

Tags
#estates #freehold-covenant #land #law
Question
There are two conditions for the benefit to pass in equity: 1. The covenant must [...]; and 2. The successor in title to the covenantee must have become entitled to its benefit by either annexation, assignment or a scheme of development, as set out by Sir Charles Hall V‐C in Renals v Cowlishaw (1878) 9 ChD 125 at 129.
Answer
touch and concern the land


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There are two conditions for the benefit to pass in equity: 1. The covenant must touch and concern the land; and 2. The successor in title to the covenantee must have become entitled to its benefit by either annexation, assignment or a scheme of development, as set out by Sir Char

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Flashcard 1382542347532

Tags
#estates #freehold-covenant #land #law
Question
There are two conditions for the benefit to pass in equity: 1. The covenant must touch and concern the land; and 2. The successor in title to the covenantee must have become entitled to its benefit by either [...], as set out by Sir Charles Hall V‐C in Renals v Cowlishaw (1878) 9 ChD 125 at 129.
Answer
annexation, assignment or a scheme of development


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ad><head>There are two conditions for the benefit to pass in equity: 1. The covenant must touch and concern the land; and 2. The successor in title to the covenantee must have become entitled to its benefit by either annexation, assignment or a scheme of development, as set out by Sir Charles Hall V‐C in Renals v Cowlishaw (1878) 9 ChD 125 at 129.<html>

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Flashcard 1382543396108

Tags
#estates #freehold-covenant #land #law
Question
In [ case ], a covenant was held capable of benefiting a 7,500 acre plot of land.
Answer
Marten v Flight Refuelling Ltd [1962] Ch 115


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In Marten v Flight Refuelling Ltd [1962] Ch 115, a covenant was held capable of benefiting a 7,500 acre plot of land.

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Flashcard 1382545231116

Tags
#estates #freehold-covenant #land #law
Question
In [ case ], a covenant not to build on servient land other than in accordance with specified conditions was held to be capable of benefiting a 4,000 acre plot of land.
Answer
Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798


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In Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798, a covenant not to build on servient land other than in accordance with specified conditions was held to be capable of benefiting a 4,000 acre plot of land.

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Flashcard 1382547066124

Tags
#estates #freehold-covenant #land #law
Question
The [ statute ] provides that a covenant relating to any land of the covenantee shall be deemed to be made with the covenantee and their successors in title. For the purposes of restrictive covenants, the term ‘successors in title’ is defined to include the owners and occupiers for the time being (i.e. at any time) of the land of the covenantee intended to be benefited.
Answer
LPA 1925, s 78(1)


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The LPA 1925, s 78(1) provides that a covenant relating to any land of the covenantee shall be deemed to be made with the covenantee and their successors in title. For the purposes of restrictive

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These fears were allayed by the decision in [ case ], which held that the effect of LPA 1925, s 78(1) could be expressly excluded (even though s 78 (unlike s 79) is expressed in absolute terms and not subject to a contrary intention).
Answer
Roake v Chadha [1984] 1 WLR 40


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These fears were allayed by the decision in Roake v Chadha [1984] 1 WLR 40, which held that the effect of LPA 1925, s 78(1) could be expressly excluded (even though s 78 (unlike s 79) is expressed in absolute terms and not subject to a contrary

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Question
These fears were allayed by the decision in Roake v Chadha [1984] 1 WLR 40, which held that the effect of [ statute ] could be expressly excluded (even though s 78 (unlike s 79) is expressed in absolute terms and not subject to a contrary intention).
Answer
LPA 1925, s 78(1)


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These fears were allayed by the decision in Roake v Chadha [1984] 1 WLR 40, which held that the effect of LPA 1925, s 78(1) could be expressly excluded (even though s 78 (unlike s 79) is expressed in absolute terms and not subject to a contrary intention).

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Flashcard 1382552571148

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Question
For the assignment to be effective in equity, the land with the benefit must be properly identified and the assignment can only be made at the time of the conveyance of the land (see [ case ]). The assignment must also comply with the provisions of LPA 1925, s 53(1)(c) as it represents the disposition of an equitable interest.
Answer
Miles v Easter [1933] Ch 611


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For the assignment to be effective in equity, the land with the benefit must be properly identified and the assignment can only be made at the time of the conveyance of the land (see Miles v Easter [1933] Ch 611). The assignment must also comply with the provisions of LPA 1925, s 53(1)(c) as it represents the disposition of an equitable interest.

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If express assignment is necessary, this must be repeated every time the land is sold or given away. On death, however, the benefit of the covenant will automatically vest in the personal representatives, who will then hold it on trust for the beneficiaries entitled to the estate of the deceased: [ case ].
Answer
Earl of Leicester v Wells‐next‐the‐Sea Urban District Council [1973] Ch 110


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y time the land is sold or given away. On death, however, the benefit of the covenant will automatically vest in the personal representatives, who will then hold it on trust for the beneficiaries entitled to the estate of the deceased: <span>Earl of Leicester v Wells‐next‐the‐Sea Urban District Council [1973] Ch 110. <span><body><html>

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Flashcard 1382556241164

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Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land ([ statute ]). They can therefore only ever exist as equitable interests in land (LPA 1925, s 1(3)). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered title.
Answer
LPA 1925, s 1(1) and (2) respectively


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n>Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (<span>LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land (LPA 1925, s 1(3)). As such, they must be protected if the covenant is to bind a successor in title of the burden

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Flashcard 1382558076172

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Question
Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as [...] interests in land (LPA 1925, s 1(3)). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered title.
Answer
equitable


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enants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as <span>equitable interests in land (LPA 1925, s 1(3)). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land h

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Flashcard 1382559124748

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Question
Note that freehold covenants are often referred to only as restrictive covenants. Restrictive covenants are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land ([ statute ]). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered title.
Answer
LPA 1925, s 1(3)


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ts are not included on the ‘lists’ of interests capable of being legal estates and legal interests in land (LPA 1925, s 1(1) and (2) respectively). They can therefore only ever exist as equitable interests in land (<span>LPA 1925, s 1(3)). As such, they must be protected if the covenant is to bind a successor in title of the burdened land. This is the case whether the servient land has a registered or an unregistered

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Flashcard 1382560959756

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The person with the [...] must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it (LRA 2002, s 29(1)), but a volunteer will still take the land subject to the covenant.
Answer
benefit


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The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold

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Question
The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of [ statute ], as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it (LRA 2002, s 29(1)), but a volunteer will still take the land subject to the covenant.
Answer
LRA 2002, s 32


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The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one

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Question
The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a [...] of the servient land will not be bound by it (LRA 2002, s 29(1)), but a volunteer will still take the land subject to the covenant.
Answer
purchaser for valuable consideration


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ing on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a <span>purchaser for valuable consideration of the servient land will not be bound by it (LRA 2002, s 29(1)), but a volunteer will still take the land subject to the covenant.<span><body><html>

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Flashcard 1382564891916

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Question
The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it ([...]), but a volunteer will still take the land subject to the covenant.
Answer
LRA 2002, s 29(1)


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or the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it (<span>LRA 2002, s 29(1)), but a volunteer will still take the land subject to the covenant.<span><body><html>

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Flashcard 1382565940492

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Question
The person with the benefit must enter a notice on the charges section of the register of the freehold estate which carries the burden, by virtue of LRA 2002, s 32, as a restrictive covenant relating to freehold land is not one of the excluded interests under s 33. The notice will be either an agreed one (LRA 2002, s 34) or a unilateral one (LRA 2002, s 35). The freehold restrictive covenant will then be binding on any subsequent owner of the servient land, subject to the other conditions for the passing of the burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it (LRA 2002, s 29(1)), but a [...] will still take the land subject to the covenant.
Answer
volunteer


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burden in equity being satisfied (see para 8.4.1.1 above). If, however, the notice is not entered, then a purchaser for valuable consideration of the servient land will not be bound by it (LRA 2002, s 29(1)), but a <span>volunteer will still take the land subject to the covenant.<span><body><html>

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Question
Restrictive Covenants Created After 1 January 1926 Such covenants should be registered as a [...] land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal estate for money or money’s worth will not be bound: LCA 1972, s 4(6).
Answer
Class D(ii)


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Restrictive Covenants Created After 1 January 1926 Such covenants should be registered as a Class D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal esta

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Question
Restrictive Covenants Created After 1 January 1926 Such covenants should be registered as a Class D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers ([ statute ]). Where not registered, a purchaser of the legal estate for money or money’s worth will not be bound: LCA 1972, s 4(6).
Answer
LPA 1925, s 198


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>Restrictive Covenants Created After 1 January 1926 Such covenants should be registered as a Class D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal estate for money or money’s worth will not be bound: LCA 1972, s 4(6).<body><html>

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Flashcard 1382569872652

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Question
Restrictive Covenants Created After 1 January 1926 Such covenants should be registered as a Class D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal estate for [...] will not be bound: LCA 1972, s 4(6).
Answer
money or money’s worth


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nts should be registered as a Class D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal estate for <span>money or money’s worth will not be bound: LCA 1972, s 4(6).<span><body><html>

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Flashcard 1382570921228

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Question
Restrictive Covenants Created After 1 January 1926 Such covenants should be registered as a Class D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal estate for money or money’s worth will not be bound: [ statute ].
Answer
LCA 1972, s 4(6)


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D(ii) land charge at the Central Land Charges Registry in Plymouth. If registered, they bind subsequent purchasers (LPA 1925, s 198). Where not registered, a purchaser of the legal estate for money or money’s worth will not be bound: <span>LCA 1972, s 4(6).<span><body><html>

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