Estates, interests, trusts, and registration.
Nature of Land and Property
Real property vs personal property, legal estates, equitable interests, co-ownership, and registered vs unregistered land
Legal and Equitable Interests in Land
Acquiring and disposing of legal and equitable interests, formalities, third party protection, and the doctrine of notice
Registered Land
Land Registration Act 2002, the register, protecting interests, overriding interests, and adverse possession
Unregistered Land
Title deeds, Land Charges Act 1972, doctrine of notice, and overreaching
Co-ownership
Joint tenancies and tenancies in common: creation, severance, survivorship, and implied co-ownership through resulting and constructive trusts
Trusts of Land
TOLATA 1996: trustees' powers, s.14 applications, resolving co-owner disputes, and rights of occupation
Easements
Re Ellenborough Park criteria, types of easements, creation methods (express, implied, prescription), enforcement, defences, and reform
Freehold Covenants
Freehold covenants: passing the benefit and burden, positive vs restrictive covenants, enforcement, remedies, statutory modification, and workarounds
Mortgages
Legal and equitable mortgages, lender powers, priority disputes, and protection of mortgagors and third parties
Leases — Creation and Characteristics
Essential characteristics of a lease, legal formalities, types of leasehold estate, and distinguishing leases from licences
Leasehold Covenants and Enforceability
Privity of contract and estate, passing of benefit and burden, Landlord and Tenant (Covenants) Act 1995, and alienation covenants
Lease Termination and Remedies
Methods of lease termination, forfeiture, relief against forfeiture, and remedies for breach of leasehold covenants
Try before you buy
Real SBA questions from the Land Law bank, with the full explanation. The paid bank covers all 12 topics and difficulty levels.
A man has exchanged contracts to sell his freehold house and garden, and completion is a week away. Before moving out he digs up three mature apple trees and a row of established shrubs and takes them to his new home. He also takes a stack of cut logs and a dozen potted plants from the patio. The contract says nothing about anything in the garden. The buyer objects when she next visits the property.
Is the seller entitled to take the apple trees and the shrubs to his new home?
A woman dies leaving a registered freehold house. Her will gives the house "to my husband for life, and after his death to my daughter absolutely", and appoints two executors, who are to hold as trustees. The husband asks the executors to have him registered at the Land Registry as owner of the house for the rest of his life, with the daughter registered as owner of what is left afterwards.
Can the husband be registered as the proprietor of a legal estate for his lifetime?
A man and a woman bought a house together twelve years ago. They were registered as joint proprietors and the transfer declared that they held the beneficial interest as joint tenants. Nothing was ever done to change that. Last year the man made a valid will leaving his entire estate to his brother. The man has now died. The brother says that half the house belongs to him under the will, and has asked the woman to buy him out.
Who became entitled to the man's interest in the house on his death?
A house is held by two trustees on trust for a woman and her sister in equal shares. The trust was set up so that the family would have somewhere to live, and the house is empty and in good repair. The woman asks to move in. The trustees refuse, telling her that the house is theirs as the legal owners, that she is entitled only to half the money if it is ever sold, and that a beneficiary has no right to live in trust property.
Is the woman entitled to occupy the house as a beneficiary of the trust?
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