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Legal Interests Notes

GDL Law Notes > GDL Land Law Notes

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A more recent version of these Legal Interests notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Land

[INTERESTS IN LAND]
Legal Interests

1. Legal Easements and profits

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Right to do something on the land of another e.g. right of way

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Profits a prendre: ability to take something from the land of another

2. Rentcharges (not on syllabus)

3. Charge by way of legal mortgage

4. Rights of entry Formalities I)

Creation of legal interests:

Since the LPA 1925 for any interest in land to be a legal interest it must: (i)

Be an interest capable of existing as a legal interest, ie within s1(2) LPA 1925 o

Note all the specific requirements under s1(2) must be satisfied e.g. legal easement must be created for a duration equal to a legal estate

(ii)

It must have been created in the recognised manner to be legal ie by deed (s52(1) LPA 1925) o

Requirements for a valid deed set out in s1 LP(MP)A 1989: signed, attested, delivered and headed deed

(iii)

In addition, in registered land there are registration requirements before it becomes a legal interest: governed by s27(2) LRA 2002 o

Further: if a charge by way of legal mortgage is created over unregistered land, then that gives rise to compulsory registration of the title: s4(1)(g) LRA 2002

II)

Transfer of an existing legal interest:

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Could be assigned to the successor: valid assignment must comply with s52 LPA 1925

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Should the transfer deed fail due to lack of formalities then equity may assist and recognise it as a contract to transfer the interest: 1

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