Test
Land Law Q1) c+d)
Preguntas del test (10)
1c) What right does Curtis have in the property?
- 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
- 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
2In order for a profit to be legal the duration must be either perpetual or for a fixed and definite duration
- A• Section 1 (2) LPA 925
- BSection 2 LP(MP)A 1989
3In order for a profit to be leagal
- Aprofit must be created by deed
- B• And profit must not be created by deed
4• Equitable property rights
- AContractual rights in land
- Bprofit must be created by deed
5• Section 2 LP(MP)A 1989 – In order for equitable contract to be valid its must
- Abe in writing
- Bmust be signed by all parties
- Cmust incorporate all terms agreed by parties
- Dvalidly executed
6• Contract + Clean hands = Equitable right (Curtis has)
- A• Also the remedy of specific performance must be available (court order)
- B• Walsh v Lonsdale
7d) Can Curtis enforce his right against Mark? Why or why not?
- A• A minor interest is a property interest in registered land
- B• An equitable profit is a minor interest
- C• An equitable profit is not a minor interest
8A 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 1 LPA 1925
9• For an equitable profit to be protected a
- Anotice must be entered on the title register of the estate which is subject to the interest
- Benter a restriction on the title register of the estate which is subject to the interest
10
d) Can Curtis enforce his right against Mark? Why or why not?- A• Curtis’ equitable profit not protected – cannot enforce against Mark
- B• Curtis’ equitable profit protected – can enforce against Mark
Información
- Descripción
- Land Law Test sobre Land Law Q1) c+d), creado por nathan_hutchings el 20/05/2013.
- Autor
- nathan_hutchings
- Idioma
- English
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- 204
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