Property Law Statutes PDF

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A summary of all Property Law Statutes....

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Property Law Statutes Law of Property Act [LPA] 1925 Configuration of trusts of land 

s 2 Law: only Joint tenancy

Severance of equitable interest in trusts of land 

s 36 Expressly by written notice

Formalities for creation or transfer: 

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Express or implied o By deed or implied by statute; o Orally in the case of short leases in possession s 52 deed for grant of legal interests s 53(1)(b) evidence in writing for trust of a land s 53 (1)(c) writing for transfer of equitable interests s 53(2) no writing required for RT, CT s 54(2) no writing required for leases 3 years or under taking effect in possession for market rent s 62 implies into deed all rights, privileges, easements, etc. Doctrine of Lost Modern Grant legal fiction that a grant was used to create easement and now lost.

Freehold Covenants Freehold Covenants Mortgage 

s 87-89 Mortgagee’s rights: ****and Four Maids: right to possession, power to sell, power to transfer title to purchaser.

Mortgagee’s powers and duties    

s 101 Power of sale arises**;** s103 and becomes exercisable; s 104 Mortgagee can convey estate free from all interests over which M’ee has priority; s 105 Mortgagee holds residue of purchase money on trust for other secured creditors and mortgagor**.**

Leasehold covenants running For ‘old’ leases created before 1996:

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Covenant must ‘touch and concern’ land: P&A Swift Investments v Combined English Stores; Benefit and burden pass to tenant’s assignee: Spencer’s Case; ss 140, 141 Benefit and burden pass to landlord’s assignee

Leases termination 

s 146 Landlord must serve notice for breach; must require remedy if breach remediable

Administration of Justice Act [AJA] 1970/3 

s 36 AJA 1970: Limits: court order for possession of dwelling when the property is occupied: ****(as amended by s 8 AJA 1973). o But mortgagee need not apply for court order: Ropaigelaich v Barclays Bank not occupied, they just went in, changed the lock and sold it.(but cannot possess against an innocent owner: Albany Homes v Massey possessed by fraud, so cannot possess, only equitable).

Insolvency Act 1986 Disputes as to sale of the trust property 

s 335A If debtor is bankrupt

Landlord and Tenant Act [LTA] 1988 Leasehold covenants 

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Common tenant express covenants: o To pay rent; o s 1 Not to sublet or assign without permission (L must not unreasonably withhold consent). Common landlord implied covenants: o Repair: s 11 LTA 1985, s 4 Defective Premises Act 1972, of common parts: Liverpool CC v Irwin;

Law of Property (Miscellaneous Provisions) Act [LP(MP)A] 1989 Informal creation or transfer: 

Specifically enforceable contracts: s2 L(MP)A 1989, plus...

Trusts of Land and Appointment of Trustees Act [TALATA] 1996 Rights and obligations in trusts of land   

s 3 – no doctrine conversion: beneficial right is right in land (until overreached); s 11 – duty to consult beneficiaries but no duty to do what beneficiaries wish; s 12 – (limited) right to occupy trust property;

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s 13 – right of non-occupying party to occupation rent

Disputes as to sale of the trust property  

s 14 – any interested party (creditor, owner, mortgagee) may apply to court for order to sell, or to postpone sale; s 15 court must have regard to the purpose and intention of the parties in acquiring the trust property, the welfare of any minors and to the interests of creditors. Creditors does not mean bankruptcy

Landlord and Tenant (Covenants) Act [LT(C)A] 1995 For ‘new’ leases created after 1996:      

s 3 All benefits and burdens pass to assignees of both landlord and tenant; s 5 Tenant is released; s 8: s 6 Landlord can apply to be released under; s 11 No release of tenant where she has assigned in breach; T may be obliged to enter AGA: s 16 limited guarantee; s 17 Liability of T is limited ****(also applies to ‘old’ tenancies)

Treasure Act 1996 Land is Soil below (Bocado) and most things in it (except for the valuable stuff) Land Registration Act [LRA] 2002 Protection of rights (priorities) in registered land     

Registrable dispositions: s 27(2): freehold, leasehold over 7 yrs, legal charge (mortgage), express easement. Effective in equity only if not reg’d: s 27(1). Registration vests legal title in reg’d proprietor even if it would not otherwise have vested: s 58. Entry of notice on register: s 32: all other rights (i.e., equitable commercial rights) except leasehold covenants, beneficial rights under trust of land: s 33.S 28: basic priority rule (earlier in time prevails, except where s s 29-30 apply). ss 29, 30 (charges): registration of registrable disposition takes free from any earlier but unprotected right (for acquisition mortgage and priority see Cann). o A right is protected if it is registered, entered as a notice or is an overriding interest.

Interests that override a registrable disposition: Sched 3 LRA 2002  

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Para (1) legal leases under 7 years; Para (2) any interests of a person in actual occupation (this can protect interests behind a trust of land where there is only one trustee: Flegg); o The person must have an interest for the AO to protect: Ainsworth. Para (3) implied legal easements (s 62 LPA 1925 or long user) o Where they are obvious, or known to the purchaser, or in any case used within the last year....