Leases, Co-ownership & Estoppel

Question 1

Prudential Assurance v London Residuary Body [1992] — held?

Accepted Answer

A lease must be for a term certain; a lease "until the land is required for road widening" was void for uncertainty. (Source: [1992] 2 AC 386 (HL))

Question 2

AG Securities v Vaughan [1990] — significance?

Accepted Answer

Separate agreements signed at different times for shared occupation did not create a joint tenancy because the four unities were absent. (Source: [1990] 1 AC 417 (HL))

Question 3

Four unities for a joint tenancy?

Accepted Answer

Possession, interest, title and time. (Source: AG Securities v Vaughan [1990])

Question 4

City of London Building Society v Flegg [1988] — principle?

Accepted Answer

Overreaching: payment of capital money to two trustees detaches beneficial interests from the land, even those of beneficiaries in actual occupation. (Source: [1988] AC 54 (HL))

Question 5

Rhone v Stephens [1994] — held?

Accepted Answer

The burden of a positive covenant (to repair a roof) does not run with freehold land. (Source: [1994] 2 AC 310 (HL))

Question 6

Regency Villas Title v Diamond Resorts [2018] — held?

Accepted Answer

Purely recreational and sporting rights can be valid easements. (Source: [2018] UKSC 57)

Question 7

Thorner v Major [2009] — proprietary estoppel elements?

Accepted Answer

An assurance, reasonable reliance on it, and detriment; the farmer's son relied on unspoken assurances over many years. (Source: [2009] UKHL 18)

Question 8

Guest v Guest [2022] — remedy in proprietary estoppel?

Accepted Answer

The starting point is to fulfil the promise, subject to adjustment for accelerated receipt and proportionality to prevent the claimant being overcompensated. (Source: [2022] UKSC 27)

Question 9

Adverse possession of registered land under the LRA 2002?

Accepted Answer

After 10 years' adverse possession the squatter may apply to be registered; the registered owner is notified and can usually object and then evict within two years. (Source: Land Registration Act 2002, Sch 6)

1.Prudential Assurance v London Residuary Body [1992] — held?

2.AG Securities v Vaughan [1990] — significance?

3.Four unities for a joint tenancy?

4.City of London Building Society v Flegg [1988] — principle?

5.Rhone v Stephens [1994] — held?

6.Regency Villas Title v Diamond Resorts [2018] — held?

7.Thorner v Major [2009] — proprietary estoppel elements?

8.Guest v Guest [2022] — remedy in proprietary estoppel?

9.Adverse possession of registered land under the LRA 2002?