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Land Law Q1) c+d)

nathan_hutchings 10 questions

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Questions in this quiz (10)

  1. 1c) What right does Curtis have in the property?
    1. A• An easement is a right of one landowner to make use of another nearby piece of land for the benefit of his own land – rights of drainage
    2. B• A profit is a right to go on somebody else’s land and remove from that land something which exists there naturally – grazing rights
  2. 2In order for a profit to be legal the duration must be either perpetual or for a fixed and definite duration
    1. A• Section 1 (2) LPA 925
    2. BSection 2 LP(MP)A 1989
  3. 3In order for a profit to be leagal
    1. Aprofit must be created by deed
    2. B• And profit must not be created by deed
  4. 4• Equitable property rights
    1. AContractual rights in land
    2. Bprofit must be created by deed
  5. 5• Section 2 LP(MP)A 1989 – In order for equitable contract to be valid its must
    1. Abe in writing
    2. Bmust be signed by all parties
    3. Cmust incorporate all terms agreed by parties
    4. Dvalidly executed
  6. 6• Contract + Clean hands = Equitable right (Curtis has)
    1. A• Also the remedy of specific performance must be available (court order)
    2. B• Walsh v Lonsdale
  7. 7d) Can Curtis enforce his right against Mark? Why or why not?
    1. A• A minor interest is a property interest in registered land
    2. B• An equitable profit is a minor interest
    3. C• An equitable profit is not a minor interest
  8. 8A purchaser for value of a registered title will not be bound by minor interests which have not been properly protected
    1. A• Section 29 (1) Land Registration Act 2002
    2. BSection 1 LPA 1925
  9. 9• For an equitable profit to be protected a
    1. Anotice must be entered on the title register of the estate which is subject to the interest
    2. Benter a restriction on the title register of the estate which is subject to the interest
  10. 10
    d) Can Curtis enforce his right against Mark? Why or why not?
    1. A• Curtis’ equitable profit not protected – cannot enforce against Mark
    2. B• Curtis’ equitable profit protected – can enforce against Mark

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Description
Land Law Quiz on Land Law Q1) c+d), created by nathan_hutchings on 20/05/2013.
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