What statute describes the two estates in Land?
Section 1 Law of Property Act 1925
Section 2 Law of Property Act 1989
What does Section 1 of the Law of Property Act 1925 state the two estates in land are?
Freehold
Leasehold
Commonhold
Indefinite duration is?
Fixed and definite duration is a?
Leasehold estate
Freehold estate
Freehold reversion is when?
A Lease ends
A Lease terminates
Tenant can grant a sublease for a?
Term shorter than immediate Landlords
Indefinite duration
Tenant passes lease to a new tenant and steps out of the picture?
Assignment
Sublease
Lease granted for a fixed amount of time is a?
Fixed term lease
Periodic tenancy
What is a Periodic Tenancy?
Tenancy for one period; each time a period expires the term is automatically renewed until it is terminated by notice by either party
Tenancy for one period; each time a period terminates the lease is automatically renewed until it is terminated by notice by either party
Tenancy for one period; each time a period expires the term is automatically renewed until it is terminated by notice by either Tenant
Tenancy for one period; each time a period doesn't expire the term is automatically renewed until it is terminated by notice by either party
Notice usually one period
Period length depends on period rent stated payable
Exclusive possession and Permitted duration are?
Essential for Section 1 of the Law of Property Act 1925
Essential elements of a valid lease
Required for a Freehold estate in land
Exclusive possession?
Tenant has control of premises and can exclude all others including Landlord
Tenant has no control of premises and can exclude all others including Landlord
Tenant has control of premises and can exclude all others including Sub Tenant
Permitted Duration?
Definable beginning and end
Definable end and finish
Definable in Section 1 of LPC
Start date can be...
earlier than when tenant goes into possession or a future date
earlier than when tenant goes into possession or a future fate
earlier than when tenant goes into possession or a future day
earlier than tenant went into possession or a future date
Lease 'for duration of the war'
Lace v Chantler
Walsh v Lonsdale 1882
Street v Mountford 1985
Wells V Kingston
Heslop V Burns 1974
Facchini V Bryson 1952
AG Securities V Vaughan
Creation of legal leases
Section 52 (1) Law of Property Act 1925
Section 54 (1) Law of Property Act 1925
Section 52 (2) Law of Property Act 1925
Section 52 (1) Law of Property Act 1989
What act states a deed's requirements?
Section 1 Law of Property (Miscellaneous Provisions) Act 1989
Section 1 Law of Property (Miscellaneous Provisions) Act 1925
Section 2 Law of Property (Miscellaneous Provisions) Act 1925
Section 1 Law of Property (Miscellaneous Provisions) Act 1989 states a deed must?
be clear on its face that it is intended to be a deed
Validly executed
be clear that it is not intended to be a deed
be clear on its face that it is intended to be a lease
Invalidly executed
For a deed to be validly executed by a person the deed must be
Signed
Witnessed
Delivered Formally
Validly Executed
be clear on its face that its intended to be a deed
Exception to general rule
Section 54 (2) Law of Property Act 1925
Section 54 (2) Law of Property Act 1989
Section 54 (1) Law of Property Act 1989
Section 54 (2) Law of Property Act 1925 states
Deed not required for certain types of legal lease
Deed required for certain types of legal lease
Lease can be in writing or arise by conduct
Deed can only be in writing
Section 54 (2) Law of Property Act 1925 states lease must
Not exceed three years
be at a full market rent
allow tenant to take possession immediately
be in equity
not allow tenant to take possession immediately
A occupies B's house with B's consent and pays B £300 per month
Equitable lease
Legal lease due to section 54 (2)
Legal lease due to section 54 (1)
Term cannot exceed three years
Equity may enforce contract for creation or transfer transfer of rights in land if it complies with
Section 1 Law of Property Act 1989
Section 2 Law of Property Act 1989 states the contract must be
in writing
incorporate all terms agreed by parties
signed by all parties
formal delivery
incorporate no terms agreed by parties
Equity will always prevail over section 54 (2)
Antoniades v Villiers 1988
AG Securities v Vaughan