Land Law

When is a constructive trust formed?

Eg when someone contributes to the purchase price of a property even though they don’t have legal title

How can a buyer protect their position where the buyer has entered into a contract, legal title to land is registered on HMLR but the transaction is not due to complete?

Registration of notice on the seller’s charges register

When applying for first registration and the landowner does not have the title deeds, which class of title is likely to be granted?

Possessory title

For registered land, how would a landowners right of way appear on their neighbours title?

As a notice on the charges register

In which register would you look to see who owns a registered property?

Proprietorship register

What are signs land is unregistered?

Look out for

• epitome of title

• Conveyance of sale

• Pusne mortgages

For registered land, how can a non-owning spouse protect their interest?

They must enter a home rights notice on the charges register of the title under the Family Law Act

For a seller of unregistered land, what is the minimum period of ownership that title deeds must demonstrate?

15 years

Must demonstrate an unbroken chain of ownership

For registered land, how long will an applicant need to show they have been in possession of land before they can register their interest?

Minimum 10 years

If a person contracts to buy a piece of unregistered land and completion has not taken place how should the contract be protected?

As An estate contract on the Land Charges Register

What action is needed to bring a lease to a formal end?

A surrender by deed

How would a right of way be evidenced on title? Which register?

The property register