Land Law Essentials Flashcards

What is the legal effect of a mortgage on registered land?

Answer: It creates a legal charge giving the lender security over the property without transferring ownership

Under the LRA 2002, a mortgage of registered land takes effect as a legal charge (s.23(1)(a) and s.51). The borrower retains ownership and possession of the property, while the lender obtains security rights including the power of sale, the right to appoint a receiver, and the right to possession. The charge must be registered to take effect as a legal interest (s.27(2)(f)).

What is adverse possession, and how long must a squatter occupy registered land before applying for title under the LRA 2002?

Answer: Occupying land without permission for 10 years, then applying to be registered as proprietor

Under the LRA 2002, a squatter who has been in adverse possession of registered land for 10 years may apply to be registered as proprietor (Schedule 6). The registered owner is notified and has 65 business days to object. If they object, the application fails but the squatter can reapply after a further 2 years if still in possession. This replaced the old 12-year limitation period which applied to unregistered land under the Limitation Act 1980.

Under s.52 of the Law of Property Act 1925, what is generally required for the creation or transfer of a legal estate in land?

Answer: A deed

Section 52(1) of the Law of Property Act 1925 provides that all conveyances of land or of any interest therein are void for the purpose of creating or conveying a legal estate unless made by deed. A valid deed must comply with s.1 of the Law of Property (Miscellaneous Provisions) Act 1989: it must be clear on its face that it is a deed, it must be signed, and the signature must be witnessed and delivered.

What is the significance of Williams & Glyn's Bank v Boland [1981] in land law?

Answer: It confirmed that a spouse with a beneficial interest who was in actual occupation had an overriding interest binding the bank

In this landmark case, the House of Lords held that Mrs Boland, who had a beneficial interest in the matrimonial home (through her contribution to the purchase price) and was in actual occupation, had an overriding interest under s.70(1)(g) of the Land Registration Act 1925 (now Schedule 3, paragraph 2 of the LRA 2002). The bank's mortgage was therefore subject to her interest, even though it did not appear on the register.

What is a licence in the context of land law, and how does it differ from a lease?

Answer: A licence is mere personal permission to be on land and does not create a proprietary interest, unlike a lease

A licence is merely a personal permission to be on someone's land, preventing what would otherwise be a trespass. Crucially, it does not create a proprietary interest in land and therefore cannot bind third parties (Ashburn Anstalt v Arnold [1989]). A lease, by contrast, creates a legal estate giving the tenant exclusive possession for a defined term. The distinction was clarified in Street v Mountford [1985], where the House of Lords held that exclusive possession for a term at a rent creates a lease regardless of what the parties call the arrangement.

What is meant by the 'curtain principle' in land registration?

Answer: Beneficial interests behind a trust are kept off the register and overreached on sale

The curtain principle means that beneficial interests under a trust of land are kept behind a 'curtain' and do not appear on the register. On a sale by two or more trustees, these equitable interests are overreached — they are detached from the land and attach instead to the purchase money (City of London Building Society v Flegg [1988]). This allows purchasers to take free of trust interests provided they pay the purchase money to at least two trustees.