Question 1

the Land Charges Act 1972 is concerned with registered land.

Accepted Answer

The Land Charges Act 1972 is concerned with unregistered land and deals with the registration of certain types of charges against such land to protect the interests of creditors.

Question 2

In National Provincial Bank v. Ainsworth

Accepted Answer

In the case of National Provincial Bank v. Ainsworth [1965] AC 1175, the House of Lords was faced with the question of whether a deserted wife had a right or interest in the matrimonial home that could affect the bank's right to possession as a mortgagee.

The facts of the case were that Mr. Ainsworth had left his wife and children and had mortgaged the house without his wife's knowledge. The bank sought possession of the house after Mr. Ainsworth defaulted on the mortgage payments. Mrs. Ainsworth claimed that she had a right to remain in the house as it was her home and that of her children.

The House of Lords held that Mrs. Ainsworth did not have a proprietary interest in the property that could bind the bank. Lord Wilberforce stated that for a right or interest to be capable of binding third parties, it must be definable, identifiable by third parties, capable in its nature of assumption by third parties, and have some degree of permanence or stability. Mrs. Ainsworth's interest did not meet these criteria as her rights were derived from her personal status as a wife, which was not a proprietary interest in the land.

The decision clarified the nature of the rights that can bind third parties in land law and emphasized the importance of proprietary rights being certain and clear in order to affect the interests of others, such as mortgagees. Mrs. Ainsworth's rights were personal and did not amount to a proprietary interest in the property, and therefore the bank was entitled to possession of the house.

This case is often cited in property law for its definition of what constitutes a proprietary interest in land and the distinction between personal and proprietary rights.

Question 3

Is a 'mere equity' arising through estoppel capable of binding a purchaser, and which section of the LRA 2002 confirms this status?

Accepted Answer

In English law, a 'mere equity' is a right or claim that is recognized in equity but does not amount to an equitable interest in property. One way in which a mere equity can arise is through the doctrine of estoppel, particularly proprietary estoppel. Proprietary estoppel can prevent a legal owner of property from asserting their legal rights against a person who has relied on the owner's representations and suffered a detriment as a result.

Whether a mere equity arising through estoppel is capable of binding a purchaser depends on the circumstances, including whether the purchaser has notice of the equity and the nature of the equity itself. Generally, for an equity to bind a purchaser, it must be an interest that is capable of being an overriding interest under the Land Registration Act (LRA) 2002.

The relevant section of the LRA 2002 that deals with overriding interests is Section 29. This section provides that, upon the disposition of a registered estate, all interests and rights affecting the estate that are not protected on the register will be overridden by the disposition, except for certain overriding interests listed in Schedule 3 of the Act.

Schedule 3 of the LRA 2002 sets out the interests that have the status of overriding interests and thus have the potential to bind purchasers even if they are not entered on the register. These include, for example, the rights of people in actual occupation of the property (subject to certain conditions), certain legal easements, and certain other rights.

However, mere equities such as those arising from estoppel are not explicitly listed as overriding interests in Schedule 3. Therefore, they do not automatically bind a purchaser. For a mere equity to bind a purchaser, it would generally need to be the case that the purchaser has actual knowledge of the equity, or it is obvious on a reasonably careful inspection of the land, or the purchaser has been notified of the equity in some other way.

In practice, if a person has a claim based on proprietary estoppel, they would be well advised to protect their position by either seeking a court declaration or by registering a notice or a restriction against the property title if possible. This would ensure that their interest is known to potential purchasers and is more likely to be binding upon them.

It is important to note that the application of these principles can be complex and fact-specific, and the outcome can vary depending on the individual circumstances of the case. Legal advice should be sought in any situation where the application of estoppel and its effect on property rights is in question.

Question 4

What formalities are required to create a trust interest and where can this rule be found?

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Question 5

Which section of the Land Registration Act 2002 contains the provision relating to e-conveyancing. Is this provision in force?

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Question 6

What is the principle of the numerus clausus?

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Question 7

What is the nature of the airport's right in Manchester Airport v. Dutton?

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Question 8

What is the nature of the Mayor's rights in Parliament Square Gardens in Mayor of London v. Hall?

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Question 9

Give some pros and cons of e-conveyancing. For help consider E. Cooke,

Accepted Answer

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Question 10

Explain the difference between registration of title and registration of land. Which system does the LRA 2002 adopt?

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Question 11

What are the three main principles of a Torrens system of registration?

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Question 12

Can interests under a trust of land be registered under the LRA 2002? Where can this rule be found?

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Question 13

Define the term conveyance by reference to the statutory provisions.

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Question 14

Does transfer pursuant to a will constitute a conveyance? Is it a disposition?

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Question 15

What is the difference between a fixture and a fitting?

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Question 16

What is meant by the statement that A holds on trust for B?

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Question 17

Prior to 1 January 1926 equitable rights would bind all subsequent owners of land except the ___, otherwise known as 'equity's darling'.

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Question 18

What were the main property law statutes of 1925?

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Question 19

What are the requirements of s2 Law of Property (Miscellaneous Provisions) Act 1989?

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Question 20

in order to be a fixture, an item must be physically attached to the land. Give an example.

Accepted Answer

A fixture is an item that is permanently attached to the property (which can include the land or the building on the land), but the method of attachment can vary and does not always require physical attachment to the land itself. For example, a built-in bookcase that is attached to a wall of a house is considered a fixture, even though it is not directly attached to the land.

Quiz 1: An Introduction to Modern Land Law