Property Law Revision Flashcards

A comprehensive set of flashcards covering key concepts in property law.

Doctrine of Notice

A purchaser of a legal estate for value without notice of a prior equitable interest takes free of it.

Types of Notice

Actual (personally known), constructive (would have been discovered on reasonable inspection), or imputed (known to the purchaser's agent).

Bona Fide Purchaser

A purchaser who buys without notice of any equitable rights, often referred to as 'equity’s darling'.

Legal Rights in Unregistered Land

Legal rights bind the whole world and are enforceable against everyone regardless of notice.

Key Legal Estates

Fee simple, term of years, legal mortgages, easements, and rentcharges under s.1 LPA 1925.

Land Charges Act 1972

Provides a registration system for certain equitable interests.

Key Classes of Interests under LCA 1972

C(i) puisne mortgage, C(iii) general equitable charge, C(iv) estate contract, D(ii) restrictive covenant, D(iii) equitable easement, F (matrimonial home rights).

Effect of Non-Registration

Non-registration of a Class C or D charge renders it void against a purchaser of a legal estate.

City of London Building Society v Flegg

Key case related to overreachable interests in unregistered land.

Requirements for a Valid Deed

Must make clear it is a deed, signed by the maker in the presence of a witness, and delivered.

Root of Title

A good root of title must be at least 15 years old, deal with the whole legal and equitable interest, and provide sufficient property description.

Rule in Tulk v Moxhay

A restrictive covenant may bind successors in equity under certain conditions.

Doctrine of Conversion

Changes the treatment of trust-for-sale beneficiaries as having an interest in land rather than personalty.

Void Conveyance

Ineffective from the outset.

Voidable Conveyance

Valid until avoided.

Mirror Principle

The register reflects all interests in registered land.

Curtain Principle

Equitable trust interests do not need to appear on the register.

Insurance Principle

The state guarantees accuracy of registrations and compensates for loss.

Overriding Interests

Interests that bind a registered proprietor despite not appearing on the register.

Short Leases under LRA 2002

Leases of 7 years or less may be overriding interests.

Actual Occupation

Must be in physical occupation at the time of disposition to qualify as an overriding interest.

Effect of Registration

A registered disposition takes free of unprotected interests but subject to overriding interests.

Notice Types

Agreed notice requires consent; unilateral notice does not.

Restrictions on the Register

Regulate how the registered estate may be dealt with.

Alteration and Rectification of Register

Allows correction of mistakes and may involve indemnity for affected parties.

Adverse Possession under LRA 2002

Allows squatters to apply for registration after 10 years if conditions are met.

'For Valuable Consideration' Defined

Must be real monetary value or equivalent, excluding gifts.

Overriding Interests on First Registration

Legal easements created before a certain date are overriding interests.

Forms of Co-Ownership

Joint tenancy and tenancy in common.

Joint Tenancy

No separate shares, right of survivorship.

Tenancy in Common

Distinct undivided shares that pass under a will or intestacy.

Four Unities for Joint Tenancy

Possession, interest, title, and time.

Severance of Joint Tenancy

Converts to tenancy in common. Can occur through various methods.

Trustees of Land under TLATA 1996

Have all powers of an absolute owner and must consult beneficiaries.

Factors Considered under s.14 TLATA 1996

Intentions, purposes, welfare of minors, interests of secured creditors.

Right of Occupation under TLATA 1996

Beneficiaries may occupy trust land if available.

Common Intention Constructive Trust

Equity may recognize a beneficial interest based on common intention.

Resulting Trust in Co-Ownership

Arises when one party contributes to purchase price without legal title.

Co-Ownership and Legal Title

Legal title is held as joint tenants; equitable title may be joint or common.

s.335A Insolvency Act 1986

Court must order sale post-bankruptcy unless circumstances are exceptional.

Essential Requirements for a Valid Lease

Exclusive possession, for a term, and at a rent.

Distinction between Lease and Licence

A lease confers exclusive possession, while a license is merely personal permission.

Formalities for Legal Lease Creation

Over 3 years by deed; 3 years or under orally.

Rule in Walsh v Lonsdale

Agreement enforceable in equity treated as lease.

Tenant's Implied Covenants

To pay rent, not commit waste, and allow inspection.

Landlord's Implied Covenants

Quiet enjoyment, covenant not to derogate from grant, and implied repairing obligations.

Leasehold Covenants Passing to Assignees

Old tenancies require privity; new tenancies pass automatically.

Forfeiture of Lease

Landlord's right to terminate for breach of covenant.

Waiver of Forfeiture

Occurs if landlord treats the lease as continuing after knowledge of breach.

Effect of Lawful Subletting on Head Landlord

Head landlord has no privity with the subtenant.

Requirements for Easement from Re Ellenborough Park

Must have dominant and servient tenement, accommodate the dominant tenement, and be capable of forming part of a grant.

Rule in Wheeldon v Burrows

Implied quasi-easements acquired on conveyance.

Purpose of s.62 LPA 1925

Converts licenses to legal easements.

Easement by Prescription

Arises from long use as of right.

Easement of Necessity Defined

Right necessary to access a landlocked property.

Express Creation of Easements

Must be through express grant in deed.

Right to a View as Easement

Not recognized as an easement.

Difference between Positive and Negative Easements

Positive allows action; negative prevents action.

Extent of Right of Way

Determined by terms of grant or nature of right.

Extinguishment of Easement

Can occur by express release, abandonment, unity of ownership, or statute.

Conditions for Burden of a Restrictive Covenant to Pass

Must be negative, covenantee retains benefited land, and touch and concern the land.

Requirements for Burden to Pass in Equity

Covenant must meet specific characteristics and successors must have notice.

Benefit of Covenant Passing at Common Law

Requires certain conditions concerning dominant land.

Benefit of Restrictive Covenant in Equity

May pass through annexation, assignment, or building scheme.

Purpose of Building Scheme

Creates enforceable covenants for all plot owners.

Remedies for Breach of Restrictive Covenant

Injunctions, damages, and declarations.

Discharge or Modification of Restrictive Covenants

Possible under certain conditions set by the Upper Tribunal.

Positive Covenants and Successors

Do not run at law or in equity.

Halsall v Brizell Principle

Successor must accept burden in order to benefit from covenant.

Enforcement of Restrictive Covenant in Registered Land

Protected by notice on the charges register.

Creating Legal Mortgage over Registered Land

Must be established by specific legal documentation and registered.

Equity of Redemption Defined

Mortgagor's right to redeem after the contractual date.

Clog on Equity of Redemption

Provision preventing mortgagor's redemption right is void.

Mortgagee's Remedies on Default

Include action on personal covenant, appointment of receiver, possession, and sale.

Mortgagee's Power of Sale

Arises on deed and due mortgage money.

Mortgagee's Duty in Sale

Must not sell at undervalue and must care about market value.

Undue Influence in Mortgages

Leads to transactions being set aside if lender knew of influence.

Priorities between Competing Mortgages in Registered Land

Determined by the order of registration.

Statutory Protection for Residential Mortgagors

Court may suspend possession orders under certain conditions.

Nature of Second Mortgage

Further charge over property already mortgaged.

Elements of Proprietary Estoppel

Assurance, reliance, and detriment.

Sufficiency of Assurance in Proprietary Estoppel

Does not need to be formal; must be clear enough.

Detriment in Proprietary Estoppel

Broadly construed to encompass various forms of sacrifice.

Court's Discretion in Proprietary Estoppel

May fashion an appropriate remedy for the assurance given.

Proprietary Estoppel as Cause of Action

Can function as both a shield and sword regarding rights.

Relationship with Constructive Trusts

Both prevent unconscionable denials; differing mechanisms.

Binding Successors for Proprietary Estoppel Claims

In unregistered land, binds all but bona fide purchasers.

Minimum Equity in Proprietary Estoppel

Court aims to satisfy equity with minimum necessary expectation.

Development of Proprietary Estoppel Law

Indirect assurances can suffice in establishing rights.

Revocation of Will Post-Assurance

Estoppel claim survives testator's death.

Formalities for Express Trust of Land

Must be in writing and signed.

Formalities for Dispositions of Equitable Interests

Must be written and signed to be valid.

Exceptions to Formality Requirements

Certain trusts are exempt under s.53(2) LPA 1925.

Milroy v Lord Rule

Equity will not assist a volunteer with imperfect gifts.

Trust of Shares Formalities

Requires valid transfer and registration.

Pennington v Waine Rule

Unconscionability may allow interests to pass despite non-registration.

Secret Trust Formalities

No formalities required beyond communication before or with the will.

Fortuitous Vesting Principle in Trusts

Trusts are constituted despite failed attempts if property vests differently.

Consequences of Non-Compliance with s.53(1)(c)

Disposition is void, and the equitable interest does not pass.

Self-Dealing Rule in Equity

Trustees cannot purchase trust property; contracts are voidable.