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 land and completion has not taken place how should the contract be protected?

Registered - As an estate contract on the Charges Register

Unregistered - As a C (iv) land charge against the seller’s full name

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

When does title pass to the buyer for registered and unregistered land?

Registered: On registration at HMLR

Unregistered: On completion

What is the priority period for a land charges search for unregistered land?

15 working days

remember is different from the official search with priority which is 30 working days

What is the deadline for registering a charge at companies house?

21 days

NOT 21 working days

What is the correct reference for an equitable easement land charge?

D(iii)

What is the correct reference for a puisne mortgage land charge?

C(i)

What is a Jervis v Harris clause?

A clause in a lease that gives the landlord the right to enter the premises and make a repair if the tenant breaches a covenant of repair > landlord gives notice of the work to be done and the tenant fails to comply

Can a landlord enforce a forfeiture clause without it being expressly written in the lease?

No!

For easements, which register will the BENEFIT of a legal easement show?

The property register

For easements, which register will the BURDEN of a legal easement appear?

Charges register

For unregistered land, is the buyer bound by the legal interests even if they are not aware of them?

Yes! Ie easements

when can an absolute leasehold title be provided to a leaseholder?

The superior leasehold titles and freehold titles need to be inspected by HMLR.

When does the BENEFIT of covenants bind successors in title at law?

1. Covenant touches and concerns the land

2. was intended to run with the legal estate held by Covenantee

3. When covenant was made, covenantee held legal estate to be benefited AND

4. Covenantee’s successor now holds legal estate in land

Does the BURDEN of a covenant bind successors?

Not usually!

Who does a positive covenant bind?

Only the original contacting parties

However if original covenantor of the servient tenement and each successor can obtain indemnity covenant from next buyer > no liability basically

When is a compulsory first registration of a lease triggered?

If it’s after 1 December 1990 AND if the lease will exceed more than seven years at the time of the transaction

Where will the burden of an easement and the benefit of an easement be registered?

Benefit - the property register

Burden - the charges register

Under the Landlord and Tenants (Covenants) Act 1995, for leases dated AFTER 1995, what happens to tenants upon transfer of their interest to the next tenant?

They are automatically released from their covenants upon assignment

The landlord remains liable as the original landlord though

When is a deed not required for land?

For contracts of sale of land - it just needs to be in writing

It’s usually required for conveyance or transfer of property

Supplemental info: To which leases do the new periodic tenancy rules apply to (no longer fixed periodic tenancies)?

Short residential leases including those that are less than 21 years