Property Law Key Concepts

Summary

The conversation covers various aspects of property law, including overriding interests, covenants, and third-party rights. Certain interests may bind a purchaser even if not recorded on the register. The case P&A Swift Investments v Combined English Stores Group (1989) sets the test for covenants touching and concerning land. An estate contract is an equitable interest, not a legal one. A valid deed must state it is a deed, be signed with a witness, and be delivered. Legal mortgages are registered as charges in the Charges Register. Mortgage power of sale cannot be exercised before the redemption date. Basic lease requirements include exclusive possession and a determinate term. Legal estates can only be held as joint tenants, while restrictive covenants limit property use.

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QUESTION * Which ONE of the following cases sets out the test for whether a covenant “touches and concerns” the land? A P&A Swift Investments v Combined English Stores Group (*) B Tulk v Moxhay (*) C Wheeldon v Burrows (*) D Moule v Garrett (*)
The case that sets out the test for whether a covenant "touches and concerns" the land is:
A. P&A Swift Investments v Combined English Stores Group (*)
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QUESTION * In relation to third party rights, which ONE of the following statements is WRONG? A An estate contract is capable of being a legal interest in land. B An easement is capable of being a legal interest in land. C A restrictive covenant is an equitable interest in land. D A mortgage is capable of being a legal interest in land.
The wrong statement is:
A. An estate contract is capable of being a legal interest in land.
An estate contract is actually an equitable interest in land, not a legal interest.
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THE FOLLOWING FACTS ARE RELEVANT TO QUESTIONS *-* In January * Asif transferred his registered freehold property known as “Woodland Cottage” to Rhianna by deed. Rhianna entered into a legal mortgage with Happy Loans Limited to borrow money to pay for the property. QUESTION * In relation to the transfer deed between Asif and Rhianna, to satisfy the requirements of a valid deed: Which ONE of the following statements is WRONG? A The Deed must make it clear on the face of it that it is intended to be a deed. B The Deed must be signed by the persons executing it in the presence of a witness. C The Deed must be delivered by the person executing it or by someone else on their behalf.
The statement that is WRONG in relation to the requirements of a valid deed is:
A. The Deed must make it clear on the face of it that it is intended to be a deed.
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QUESTION * In relation to the transfer deed between Asif and Rhianna, to satisfy the requirements of a valid deed: Which ONE of the following statements is WRONG? A The Deed must make it clear on the face of it that it is intended to be a deed. B The Deed must be signed by the persons executing it in the presence of a witness. C The Deed must be delivered by the person executing it or by someone else on their behalf.
The statement that is WRONG in relation to the requirements of a valid deed is:
A. The Deed must make it clear on the face of it that it is intended to be a deed.
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why is A wrong
A is incorrect because, under English law, for a deed to be valid, it must:
- Explicitly state that it is a deed.
- Be signed in the presence of a witness.
- Be delivered.
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QUESTION * Rhianna’s solicitor applies to register the transfer of Woodland Cottage and the legal mortgage with Happy Loans Limited at the Land Registry. Which ONE of the following statements is CORRECT? A The legal mortgage will be registered in the Property Register of the registered title. B The legal mortgage will not be registered against the registered title. C The legal mortgage will be registered as a charge in the Charges Register of the registered title. D The legal mortgage will be registered as a charge in the Proprietorship Register of the registered title
The correct answer is:
C. The legal mortgage will be registered as a charge in the Charges Register of the registered title.
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QUESTION * In June * Rhianna defaults on her mortgage and Happy Loans Limited wants to enforce its power of sale. Which ONE of the following statements is WRONG? A To enforce its power of sale, the power of sale must have arisen and must become exercisable. B Happy Loans Limited can exercise its power of sale before the legal date for redemption. C If insufficient money is raised from the sale to pay off the remaining mortgage Happy Loans Limited can sue Rhianna for the balance of the debt. D Happy Loans Limited must distribute the proceeds of sale in accordance with s105 of the Law of Property Act *. LB820 Page * of * © The University of Law Limited *-*
Statement B is WRONG.
- Happy Loans Limited cannot exercise its power of sale before the legal date for redemption.
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QUESTION * In relation to leasehold land which ONE of the following statements is CORRECT? A A lease is ALWAYS an equitable interest in land. B A lease is NOT capable of being an estate in land. C The basic requirements for a lease are exclusive possession, a determinate term and, where the grantor is a tenant, a term less than that of the grantor. D A lease must ALWAYS be registered to protect it against third parties.
The correct statement is:
C. The basic requirements for a lease are exclusive possession, a determinate term and, where the grantor is a tenant, a term less than that of the grantor.
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QUESTION * In relation to co-ownership, which ONE of the following statements is CORRECT? A A joint tenancy is a method of ownership where the co-owners hold the property “in undivided shares”. B A tenancy in common is subject to a “right of survivorship”. C The legal estate can ONLY be held as joint tenants. D The equitable interests in the estate can ONLY be held as tenants in common.
The correct answer is:
C. The legal estate can ONLY be held as joint tenants.
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QUESTION * Adam and Bella own adjoining pieces of land. Adam enters into a deed with Bella agreeing not to use his land as a campsite. Which ONE of the statements below is CORRECT? A The deed entered into is a restrictive covenant. B The deed entered into is an easement. C The deed entered into is an estate contract. D The deed entered into is a lease.
The correct statement is:
A. The deed entered into is a restrictive covenant.
A restrictive covenant is a promise included in a deed that restricts the use or activities that can take place on a property.
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