Graduate Diploma in Law (GDL) Land Law Syllabus

Land Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Land Law in Graduate Diploma in Law (GDL), not a summary of it.

1. 1

   Estates, Interests and Registration

   4 topics

   • Estates and Interests in Land
     • Freehold and leasehold estates
     • Legal and equitable interests (LPA 1925 s.1)
   • Registered Land
     • Land Registration Act 2002 framework
     • Overriding interests and the mirror principle
   • Unregistered Land and Land Charges
   • The Distinction Between Real and Personal Property
2. 2

   Co-ownership and Trusts of Land

   4 topics

   • Joint Tenancy and Tenancy in Common
     • The four unities
     • Severance of a joint tenancy
   • Trusts of Land
     • TLATA 1996 and disputes
   • Resulting and Constructive Trusts of the Home
     • Common intention constructive trusts (Stack v Dowden, Jones v Kernott)
   • Proprietary Estoppel
3. 3

   Third Party Rights over Land

   4 topics

   • Leases
     • Essential characteristics (Street v Mountford)
     • Leasehold covenants and enforceability
   • Easements
     • Characteristics (Re Ellenborough Park)
     • Creation: express, implied and prescription
   • Freehold Covenants
     • Running of the burden and benefit
   • Mortgages
     • Creation, priority and the right to redeem
     • Lender's remedies and protection of the borrower

Land Law flashcards for Graduate Diploma in Law (GDL)

19 of 60 cards from the Land Law deck — real questions with worked answers.

1. What are the only two legal estates in land capable of subsisting at law under s.1(1) Law of Property Act 1925?

   (1) The fee simple absolute in possession (freehold); and (2) the term of years absolute (leasehold).

2. List the interests in land capable of being legal under s.1(2) LPA 1925.

   An easement/right/privilege equivalent to a legal estate; a rentcharge in possession; a charge by way of legal mortgage; certain statutory charges; and rights of entry. All other interests take effect only in equity (s.1(3)).

3. What is the difference between an estate in land and an interest in land?

   An estate confers a right to possession of the land for a defined duration (freehold or leasehold). An interest is a right one person holds over land belonging to another (e.g. an easement, mortgage or restrictive covenant).

4. Define a 'fee simple absolute in possession'.

   'Fee' = inheritable; 'simple' = passes to any heir without restriction; 'absolute' = not conditional or determinable; 'in possession' = takes effect immediately (includes receipt of rents and profits). It is the nearest thing to outright ownership of land.

5. What is the distinction between a legal interest and an equitable interest in their effect on third parties?

   Legal interests traditionally bind the whole world. Equitable interests bind everyone except a bona fide purchaser of a legal estate for value without notice ('equity's darling') in unregistered land, or depend on registration/overriding status in registered land.

6. Under the Law of Property (Miscellaneous Provisions) Act 1989 s.2, what formality is required for a contract for the sale or disposition of an interest in land?

   It must be in writing, incorporate all expressly agreed terms in one document (or by reference), and be signed by or on behalf of each party.

7. What deed and registration formalities are required to create or transfer a legal estate (LPA 1925 s.52; LRA 2002)?

   It must be made by deed (s.52 LPA 1925). For registered land, dispositions of a registrable kind do not operate at law until completed by registration (LRA 2002 s.27).

8. What are the requirements for a valid deed under s.1 LP(MP)A 1989?

   It must be clear on its face that it is intended to be a deed; it must be validly executed (signed by the maker in the presence of a witness who attests, or signed at direction); and it must be delivered.

9. What are the three core objectives of the land registration system under the LRA 2002?

   To create a complete and accurate 'mirror' of the title (mirror principle), a 'curtain' hiding equitable interests behind trusts (curtain principle), and a state guarantee of title with indemnity (insurance principle).

10. What are the three registers that make up a registered title?

    (1) The Property Register (describes the land and estate); (2) the Proprietorship Register (names the registered proprietor and notes restrictions); and (3) the Charges Register (records burdens such as mortgages, notices and restrictive covenants).

11. In registered land, how is the priority of a registrable disposition for valuable consideration affected by interests (LRA 2002 s.29)?

    A registered disposition for valuable consideration postpones any pre-existing interest UNLESS that interest is protected by a notice on the register or is an overriding interest (Schedule 3). Interests not so protected are defeated.

12. What is a 'notice' and what is a 'restriction' on the register under the LRA 2002?

    A notice protects the priority of a third-party interest (e.g. a restrictive covenant, lease or estate contract) against later dispositions. A restriction controls whether and how a disposition may be registered (e.g. requiring payment to two trustees to overreach a beneficial interest).

13. Name the principal overriding interests under Schedule 3 LRA 2002 that bind a registered disponee despite not being on the register.

    (1) Legal leases of 7 years or less (para 1); (2) interests of persons in actual occupation (para 2); and (3) legal easements and profits (para 3, subject to conditions).

14. What are the conditions for an interest of a person in 'actual occupation' to override under Schedule 3 para 2 LRA 2002?

    The person must have a proprietary interest and be in actual occupation. It does NOT override if: occupation was not obvious on reasonably careful inspection and the buyer had no actual knowledge; or inquiry was made and the interest was not disclosed when it reasonably could have been.

15. In Williams & Glyn's Bank v Boland, what was established about a spouse's beneficial interest and actual occupation?

    A spouse with a beneficial interest under a trust who is in actual occupation of the home has an overriding interest binding a mortgagee, even though the legal title is in the other spouse's sole name. Occupation need not be inconsistent with the registered owner's.

16. How are interests protected in UNREGISTERED land — what governs the priority of equitable interests?

    By the doctrine of notice for older interests, and largely by registration as land charges under the Land Charges Act 1972 against the name of the estate owner. Registration constitutes actual notice to all; non-registration of a registrable charge makes it void against a purchaser.

17. List the main classes of land charge registrable under the Land Charges Act 1972.

    Class C(i) puisne mortgage; C(iii) general equitable charge; C(iv) estate contract; Class D(ii) restrictive covenant (post-1925); D(iii) equitable easement; Class F matrimonial home rights. Also Class A, B, C(ii), D(i), E and G.

18. What is the consequence of failing to register a Class C(iv) estate contract or Class D restrictive covenant as a land charge?

    It is void against a purchaser of a legal estate for money or money's worth (Class C(iv) and D) — see LCA 1972 s.4. Even a purchaser with actual knowledge takes free (Midland Bank v Green).

19. What did Midland Bank Trust Co v Green establish about non-registration of a land charge?

    An unregistered estate contract (Class C(iv)) is void against a purchaser for money or money's worth even where the purchaser has actual knowledge of it; 'money or money's worth' need not be adequate (the land was worth £40,000, sold for £500).

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