CILEx L3 Land Law Basics 3 — Questions and Answers
Question 1: What is the 'overreaching' mechanism in land law?
- A mechanism that allows a purchaser of land to take free of certain equitable interests if they pay the capital money to at least two trustees (Correct answer)
- A way for a mortgagee to repossess property
- The process by which the Land Registry updates title after a sale
- A way for beneficiaries to claim land from a purchaser
Correct answer: A mechanism that allows a purchaser of land to take free of certain equitable interests if they pay the capital money to at least two trustees
Overreaching under ss.2 and 27 LPA 1925 allows a purchaser of land to take free of beneficial interests under a trust if they pay the purchase price to at least two trustees (or a trust corporation). The interests then attach to the proceeds of sale instead.
Question 2: What is a 'licence' in land law, and how does it differ from an easement?
- A licence is a personal permission to use land that does not bind successors in title; an easement is a proprietary right that does bind successors (Correct answer)
- A licence is always permanent; an easement is temporary
- A licence is registrable at the Land Registry; an easement is not
- A licence creates a legal interest in land; an easement creates only an equitable interest
Correct answer: A licence is a personal permission to use land that does not bind successors in title; an easement is a proprietary right that does bind successors
A licence is merely personal permission to use land and is not a proprietary right — it cannot generally be enforced against third parties who acquire the land. An easement, as a proprietary right, can bind successors in title.
Question 3: What is a 'profit à prendre'?
- A right to enter another's land and take something from it, such as fish, game, or wood (Correct answer)
- A right of way over another's land
- A right to use another's land without taking anything from it
- A form of leasehold over common land
Correct answer: A right to enter another's land and take something from it, such as fish, game, or wood
A profit à prendre is a right to enter another person's land and take something from it — such as shooting game, fishing, or cutting timber. Like easements, profits can be legal or equitable and can benefit other land or exist 'in gross'.
Question 4: What are the requirements for an easement under Re Ellenborough Park [1956]?
- There must be a dominant and servient tenement, the easement must accommodate the dominant land, the tenements must be owned by different persons, and the right must be capable of forming the subject matter of a grant (Correct answer)
- The right must be registered and have been used for 20 years
- The right must be exercised openly and without force
- The right must benefit the owner personally and their successors
Correct answer: There must be a dominant and servient tenement, the easement must accommodate the dominant land, the tenements must be owned by different persons, and the right must be capable of forming the subject matter of a grant
In Re Ellenborough Park [1956], the Court of Appeal set out four requirements for an easement: (1) there must be a dominant and servient tenement, (2) the right must accommodate and serve the dominant tenement, (3) the dominant and servient tenements must be owned/occupied by different persons, (4) the right must be capable of forming the subject matter of a grant.
Question 5: What is the 'rule against perpetuities' in land law?
- A rule preventing interests in land from being postponed so far into the future as to be uncertain (Correct answer)
- A rule preventing the same person from owning a property twice
- A rule preventing future easements from being created
- A rule that all land must be registered within a fixed period
Correct answer: A rule preventing interests in land from being postponed so far into the future as to be uncertain
The rule against perpetuities prevents contingent future interests in property from being effective unless they must vest (if at all) within the perpetuity period (now 125 years under the Perpetuities and Accumulations Act 2009, replacing the old 'life in being plus 21 years' rule).
Question 6: What is the effect of 'actual occupation' for overriding interests in registered land?
- A person in actual occupation of registered land may have an overriding interest binding on a purchaser who fails to enquire about their rights (Correct answer)
- Actual occupation always overrides all registered interests
- Actual occupation gives a right to acquire the freehold after 10 years
- Actual occupation prevents any sale of the property without the occupier's consent
Correct answer: A person in actual occupation of registered land may have an overriding interest binding on a purchaser who fails to enquire about their rights
Under Sch.3, para.2 Land Registration Act 2002, a person in actual occupation has an overriding interest protecting their unregistered rights against a purchaser, unless the occupier's right was not disclosed on reasonable enquiry or the occupation was not obvious.
CILEx L3 Land Law Basics 3
What is the 'overreaching' mechanism in land law?