land law - general

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  • Created by: azdw
  • Created on: 22-05-17 05:20
case for relief from forfeiture
Billson v Residential
1 of 51
every breach capable of being remedied
Expert Clothing v Hillgate House
2 of 51
section 146 is relief from forfeiture for what
breach of other covenants than rent
3 of 51
Leasehold Property (Repairs) Act 1938
counter notice
4 of 51
sunrise and sunset is for what
rent forfeiture
5 of 51
name all registrable dispositions
legal lease over 7 years, legal mortgage, legal express easement
6 of 51
name all schedule 3 para 2
option to purchase, beneficial interest behind a trust, equitable leases, legal leases over 7 years
7 of 51
legal leases over 7 years =
schedule 3 para 2 ! ! do not forget this one
8 of 51
sched 3 para 1?
legal leases 7 years and under
9 of 51
sched 3 para 3?
legal easements arising from implication or prescription
10 of 51
minor interests? category 1
1- beneficial interest behind a trust. register by way of restriction on proprietorship register
11 of 51
minor interests category 2?
2- equitable leases, equitable mortgage, option to purchase, restrictive covenant
12 of 51
case describing everything necessary to be a lease not license
Street v Mountford (exclusive possession, at a rent, for a term)
13 of 51
Taking control of goods regulation 2013?
don't need a court order for CRAR
14 of 51
what case defines touching and concerning the land?
P&A Swift Investments
15 of 51
what are the requirements in spencer's case?
1- that the covenant touches and concerns the land. 2- privity of estate exists
16 of 51
*new* what is an option to purchase??
property owner and tenant agree that, at the end of a specified rental period for a given property, the renter has the option of purchasing the property.
17 of 51
what does P&A swift investments say?
1, covenant which benefits the covenantee 2, which affects the quality value etc of the land and 3, which is not personal
18 of 51
p&a swift investments 1-
benefits the covenantee
19 of 51
p&a 2
affects nature quality mode etc
20 of 51
p&a 3
not personal
21 of 51
what does s18 LTA 1927 say?
special damages- in cases of repair the amount of damages must not exceed the amount of value by which the property has diminished as a result of the breach of repairs
22 of 51
whats privity of estate?
relationship of landlord and tenant
23 of 51
what sections LPA 1925 relate to assignment of the freehold reversion?
s141 - Re king - the benefit passes. s142 - the burden passes (Arlesford Trading)
24 of 51
what does Re King say?
that once L has assigned to R, he cannot sue for any breaches, that entitlement passes to R
25 of 51
what does Arlesford Trading say?
that once L has assigned to R, R is entitled to sue T for any breaches committed before the assignment of reversion
26 of 51
leases can exist in possession or reversion.. what else?
the reversion cannot be more than 21 years in advance or it is void - s149(3) LPA 1925
27 of 51
what does Antoniades v Villiers say?
joint tenants – you need 4 unities – PITT – possession, interest, time, title
28 of 51
what does Faccinni v Bryson say?
just because you have exclusive possession doesn't mean you have a lease - 1- service occupancy, 2-no intention to create legal relations or 3- lodger
29 of 51
spouses right to occupation
right to not be evicted. will bind purchaser if registered.
30 of 51
Williams and Glyns bank v boland
interest behind trust
31 of 51
s53(2) LPA =??
NO FORMALITIES FOR BENEFICIAL INTEREST BECAUSE IMPLIED
32 of 51
beneficial interest behind trust restriction ?
puts purchaser on notice of conditions to fulfil
33 of 51
beneficial interest behind trust schedule 3 para 2
binds purchaser under s29
34 of 51
mortgages
entry on register of charge on s34
35 of 51
hyman v van den bergh
prescription - court order
36 of 51
davies v du paver
prescription - no interuption
37 of 51
without force
eaton v swansea
38 of 51
without permission
gardener v kingston brewery
39 of 51
without secrecy
liverpool coporation v coghill
40 of 51
s18 lta 1927
special measure of damages
41 of 51
1938 repairs act
counter notice within 28 days
42 of 51
kling v keston
actual knowledge
43 of 51
hodgson v marks
obvious on reas careful inspection
44 of 51
what is the spouses right of occupation?
statutory license
45 of 51
CRAR
can only be for rent not insurance or service charges
46 of 51
overriding lease?
can occur 12 months after date of payment
47 of 51
easements must exist in...
fee simple or for a fixed term
48 of 51
s5 ltca
tenants liability ends on assignment
49 of 51
pre 96 what is implied?
indemnity clause s77 lpa unreg, s134 schedule 12 para 20 lra 2002
50 of 51
p & a swift investments v
combined english stores
51 of 51

Other cards in this set

Card 2

Front

every breach capable of being remedied

Back

Expert Clothing v Hillgate House

Card 3

Front

section 146 is relief from forfeiture for what

Back

Preview of the front of card 3

Card 4

Front

Leasehold Property (Repairs) Act 1938

Back

Preview of the front of card 4

Card 5

Front

sunrise and sunset is for what

Back

Preview of the front of card 5
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