Test
Land Law Q1) a+b)
Preguntas del test (22)
1a) What right does Rosie have in the property?
- A• Equitable property right
- B• A profit
2• Implied Trust
- ADoes not need to be created using a assigned written document
- BThey can arise as result of the conduct of the parties
- C• A profit
3• Constructive trust
- Atype of implied trust
- BArises when a person who is not the legal owner of the property makes a significant contribution towards it
- C• Legal property rights
4• Lloyds Bank v Rosset 1990 – Constructive trusts can arise in two ways:
- AExpressly agreed & Impliedly agreed
- BExpressly agreed & not Impliedly agreed
5a) What right does Rosie have in the property?
- AExpressly agreed constructive trust
- BImpliedly agreed constructive trust
6Expressly agreed constructive trust
- A• The legal owner of a property and a person who is not the legal owner expressly agree (evidence of discussions) that the person who is not the legal owner should have an interest in the property. The person who is not the legal owner then acts to their detriment (contributions to purchase price or making substantial improvements to the property at own expense) in reliance on that agreement.
- B• The legal owner of a property and a person who is not the legal owner expressly agree (evidence of discussions) that the person who is not the legal owner should have an interest in the property. The person who is not the legal owner then acts to their detriment (contributions to purchase price) in reliance on that agreement.
7a) What right does Rosie have in the property?
- A• In this case Rosie paid for a new kitchen and conservatory
- Bcontributions to purchase price
8b) Can Rosie enforce her right against Mark? Why or why not?
- A• A constructive trust is a minor interest (Property interest in registered land)
- B• A constructive trust is not a minor interest (Property interest in registered land)
9A purchaser for value of a registered title will not be bound by minor interests which have not been properly protected
- A• Section 29 (1) Land Registration Act 2002
- BSection 2 LP(MP)A 1989
10• Protection of interests under trusts
- Aenter a restriction on the title register of the estate which is subject to the interest
- Benter a notice on the title register of the estate which is subject to the interest
11b) Can Rosie enforce her right against Mark? Why or why not?
- A• In this case constructive trust not properly protected
- B• In this case constructive trust properly protected
12• Overriding interests
- AThey are binding even if they are not on the register
- BThey are not binding even if they are not on the register
13b) Can Rosie enforce her right against Mark? Why or why not?
- A• Interests of a person in actual occupation (Overriding interest)
- B• If a person has a minor interest in a piece of land which would normally require protection by notice or restriction, that interest will be upgraded to overriding if the requirements of Schedule 3 paragraph 2 Land Registration Act 2002 are satisfied
- C• If a person has not got a minor interest in a piece of land which would normally require protection by notice or restriction, that interest will be upgraded to overriding if the requirements of Schedule 3 paragraph 2 Land Registration Act 2002 are satisfied
14• Schedule 3 paragraph 2 Land Registration Act 2002 – Requirements for a minor interest to be upgraded:
- Ao The person with minor interest must be in actual occupation of the land at the time of sale
- Bo The actual occupation must be obvious on a reasonably careful inspection (or purchaser know about interest)
- Co If enquiry was made before the disposition of the person with the interest then that person must have disclosed the interest if it was reasonable to expect them to do so
- Do The right claimed must be capable of forming the subject matter of a grant (specific/precise definition)
15• Does actual occupation have to be continued and uninterrupted presence?
- A• Chhokar v Chhokar [1984]
- B• City of London Building Society v Flegg [1988]
16• Chhokar v Chhokar [1984]
- Ao Court was satisfied that Mrs Chhokar was in actual occupation as belongings still present at the house and she intended to return
- Bo Some degree of permanence and continuity
- Co If enquiry was made before the disposition of the person with the interest then that person must have disclosed the interest if it was reasonable to expect them to do so
17
b) Can Rosie enforce her right against Mark? Why or why not?- A• Rosie had overriding equitable right
- B• Rosie did not have an overriding equitable right
18If the land is sold, the equitable rights of the beneficiaries under the constructive trust may not bind the purchaser
- A• Overreachable equitable rights
- B• Overriding interests
19• Overreachable equitable rights
- A• To overreach the rights of the beneficiaries the purchaser must pay the purchase price to at least two trustees (trustees are simply the legal owners wherever there is a trust so they will be the vendors)
- 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
20• Overreachable equitable rights
- A• Purchase monies then form a trust fund and beneficiaries will have equitable rights in the trust fund
- B• Purchase monies then will not form a trust fund and beneficiaries will have equitable rights in the trust fund
21example of overreaching registered land
- A• City of London Building Society v Flegg [1988]
- B• Chhokar v Chhokar [1984]
22b) Can Rosie enforce her right against Mark? Why or why not?
- A• Rosie’s equitable right in the land is overreached but she receives equitable right in the trust fund
- B• Rosie’s equitable right in the land is not overreached
Información
- Descripción
- Land Law Test sobre Land Law Q1) a+b), creado por nathan_hutchings el 20/05/2013.
- Autor
- nathan_hutchings
- Idioma
- English
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