UK · Year 2 · Land Law
Estates, Registration & Co-ownership
LPA 1925, LRA 2002 and family homes.
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Show all 7 questions and answers in this book
1.Law of Property Act 1925, s 1(1) — the two legal estates?
The fee simple absolute in possession (freehold) and the term of years absolute (leasehold).
LPA 1925, s 1(1)
2.Law of Property (Miscellaneous Provisions) Act 1989, s 2?
A contract for the sale or other disposition of an interest in land must be in writing, incorporate all expressly agreed terms, and be signed by or on behalf of each party.
LP(MP)A 1989, s 2
3.Street v Mountford [1985] — lease vs licence?
A grant of exclusive possession, for a term, at a rent, is a tenancy, whatever label the parties use.
[1985] AC 809 (HL)
4.Williams & Glyn's Bank v Boland [1981] — held?
A wife with a beneficial interest who was in actual occupation had an overriding interest binding the bank (now LRA 2002, Sch 3 para 2).
[1981] AC 487 (HL)
5.Stack v Dowden [2007] — starting point for joint-names domestic property?
Equity follows the law: beneficial joint tenancy is presumed; the party asserting otherwise must show a different common intention from the whole course of dealing.
[2007] UKHL 17; see Jones v Kernott [2011] UKSC 53
6.Re Ellenborough Park [1956] — characteristics of an easement?
(1) a dominant and servient tenement; (2) the right accommodates the dominant tenement; (3) different owners/occupiers; (4) the right is capable of forming the subject matter of a grant.
[1956] Ch 131 (CA)
7.Tulk v Moxhay (1848) — principle?
The burden of a restrictive covenant can bind a successor in title in equity if they take with notice.
(1848) 2 Ph 774