Land Law Q1) c+d)

Description

Land Law Quiz on Land Law Q1) c+d), created by nathan_hutchings on 20/05/2013.
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Quiz by nathan_hutchings, updated more than 1 year ago
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Created by nathan_hutchings almost 11 years ago
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Resource summary

Question 1

Question
c) What right does Curtis have in the property?
Answer
  • • 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
  • • A profit is a right to go on somebody else’s land and remove from that land something which exists there naturally – grazing rights

Question 2

Question
In order for a profit to be legal the duration must be either perpetual or for a fixed and definite duration
Answer
  • • Section 1 (2) LPA 925
  • Section 2 LP(MP)A 1989

Question 3

Question
In order for a profit to be leagal
Answer
  • profit must be created by deed
  • • And profit must not be created by deed

Question 4

Question
• Equitable property rights
Answer
  • Contractual rights in land
  • profit must be created by deed

Question 5

Question
• Section 2 LP(MP)A 1989 – In order for equitable contract to be valid its must
Answer
  • be in writing
  • must be signed by all parties
  • must incorporate all terms agreed by parties
  • validly executed

Question 6

Question
• Contract + Clean hands = Equitable right (Curtis has)
Answer
  • • Also the remedy of specific performance must be available (court order)
  • • Walsh v Lonsdale

Question 7

Question
d) Can Curtis enforce his right against Mark? Why or why not?
Answer
  • • A minor interest is a property interest in registered land
  • • An equitable profit is a minor interest
  • • An equitable profit is not a minor interest

Question 8

Question
A purchaser for value of a registered title will not be bound by minor interests which have not been properly protected
Answer
  • • Section 29 (1) Land Registration Act 2002
  • Section 1 LPA 1925

Question 9

Question
• For an equitable profit to be protected a
Answer
  • notice must be entered on the title register of the estate which is subject to the interest
  • enter a restriction on the title register of the estate which is subject to the interest

Question 10

Question
d) Can Curtis enforce his right against Mark? Why or why not?
Answer
  • • Curtis’ equitable profit not protected – cannot enforce against Mark
  • • Curtis’ equitable profit protected – can enforce against Mark
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