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Land Law I, Land Law I Exam Notes - Coggle Diagram
Land Law I
Proiorty
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- legal interests bind the whole world
- the first in time prevails, if both interests equitable
- equitable not binds equity's darling (bona fide, purchaser, legal estate, for value, without notice)
- lis pendens: LRO s.1A, s.14, s.17
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- s.3(1) (priority accords to reg date), s.3(2) (void if not reg'ed), s.4 (notice irrelevant), s.5 (one-month rule)
Adverse Possession
- possession and title; limitation period; present/future interests
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- effect of limitation period expiration
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- extention/postponement of Limitation Ordinance
CICT
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domestic context: incl. couples, parents & childrens
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- c.f. Lord Neuburger's resulting trust analysis
- common intention + detrimental reliance (=CICT) + quantification of interest
Co-ownerships
Four unities: possession, interest, title, time
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Presumption
joint tenancy, unless in equity (biz assets/unequal contribution)
now, UK - joint tenancy; HK - tenancy in common (after 1984)
Severance
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s8(2) equity: (i) unilateral act, (ii) mutual agreement or (iii) mutual conduct Williams v Hensman
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Termination: (i) sale, (ii) union, or (iii) partition
Proprietary Estoppel
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remedy: mere equity + court discretion, with two views: prevent detriment/enforce representation
- c.f. CICT: proof, remedies and time
- to TP: property right after court order if granted; personal right (mere equity) before
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Formalitites
Deeds
CPO s.4: legal estate - signed, sealed, delivered, unless
s.4(2)(d): not in deed, can be doc in writing
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Resulting Trust
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Presumed
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Purchase for another
A pays and B takes title => A equitable owner, B legal owner
A & B pays 50%, B holds title => A & B tenancy in common, B legal owner
A & B pays unequal shares, but holds equal title => joint tenancy (aggregate trustee)
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non-cash contribution included, mortgage repayment not included
In equity, act is presumed to be of self-interest, with expectation of some return (Stack v Dowden)
Presumption advancement
C=husband, D=wife, but not vice versa!
C=parent, D=dependent childre, both father and mother!
C=parent, D=adult children? depends on circumstances!
Land Law I Exam Notes
Co-ownership
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Presumption
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equity => joint tenancy, unless unequal contribution or biz assets/purpose
statute => tenancy in common, unless before 1984 (CPO9)
Severance
legal: by notice (post to or left at last-known place), or instrument
equitable: by act on share (e.g. transfer), mutual agreement, or mutual conduct (e.g. divide profit)
Termination
by sale, union, or partition
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Resulting Trust
incl. voluntary property transfer, purchase for another
presumption of resulting trust vs. presumption of advancement (husband, parent, loco parentis)
CICT
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Elements
common intention: may be rebutted by intention, 9 factors holistic approach
detrimental reliance: financial or non-financial, linked to common intention
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Proprietary Estoppel
Elements
assurance / induced assumption: clear, specific, authentic
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c.f. CICT
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remedies: discretionary (damages for detriment, or fultillment of expectation, e.g. legal title)
Adverse Possession
Elements
factual possession: open, peaceful, and adverse
intention to possess: unequivocal acts, and no willingness to pay rent (?)
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Limitation period
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if expires, title extinguished against squatter
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Land and Fixture
Test: degree + purpose (CPO2, Bygrave)