A more recent version of these Registered And Unregistered Land 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:
Land: Interests in Registered and Unregistered Land Interests in Land
- Preliminary issues: does grantor have legal capacity? (e.g. not owner of equitable lease). does interest have legal capacity? s1(2) LPA 1925: (a) easements/profits for freehold/leasehold period (if not specif ied: assumed same period as grantor's estate); (b) rentcharge; (c) charge by way of legal mortgage; (d) similar charge; (e) landlord's right of entry.
- Creation formalities:
1. deed (s52(1) LPA 1925)
2. registration: registered land - any express grant (s27(2) LRA 2002: transfer of legal estate; 7+ year legal lease; expressly granted legal easement, legal charge); unregistered land - mortgage (s4(1)(g) LRA 2002).
- Transfer formalities: assignment: deed (s52(1) LPA 1925). if failed ? could be equitable interest (estate contract) if s2 LP(MP)A 1989 compliant. conveyance: transfer of interests implied (s62 LPA 1925) unless contrary intent expressed (s62(4)).
? remedy if infringed: damages by right + equitable remedies at court's discretion.
- Types of equitable interest:
1. inherently equitable (s1(3) LPA 1925: any interest not in s1(2) LPA 1925): e.g. restrictive covenant, estate contract (inc. option + right of pre-emption [s115 LRA: interest from time created]); beneficial interest under trust (express declaration: s53(1)(b)
LPA 1925 formalities), easement for uncertain period.
Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.