Land Law Seminar 3 - 3BDL Group B by Samantha Jayne Roberts https://padlet.com/sroberts292/rzp00c4ejhsyzy36 en-us 2020-10-19 10:35:02 UTC 2026-01-30 15:32:57 UTC hello@padlet.com sroberts292 https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840485050 For a legal interest ]]> 2020-10-19 10:35:02 UTC https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840485050 https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840505203 2020-10-19 10:48:25 UTC https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840505203 https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840505330 Interests in land created orally are neither legal nor equitable. They will only give rise to personal rights as they only take effect as an interest at will. S54(1) LPA1925

Personal rights: not proprietary; unattached to land, unenforceable, uninheritable. 

Exception: There is an oral lease for not more than 3yrs. S54(2) LPA1925. Conditions: 1) term doesn't exceed 3yrs. 2) lease is created at the time that it takes effect (in possession). 3) best rent reasonably gotten without taking fine. 

Therefore, oral agreements will not bind a purchaser unless a tenant fulfils the conditions of the exception and has less-than-3-years oral lease]]> 2020-10-19 10:48:30 UTC https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840505330 An oral agreement would not have a legal effect unless it would be registered. legal leases not exceeding 3 years can be effective even without registration and therefore can be created verbally. https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840508244 2020-10-19 10:50:21 UTC https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840508244 https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840509824 Alan orally allowing Bob to use his path will not likely give rise to a proprietary right and will not be a legal or equitable right under sections 1(2) and 1(3) of the LPA. Instead it’ll be an interest at will such as under s 54(1) LPA.

If in writing, Alan agreeing with Bob that he may use his path is likely an easement. Alan did not specify an end to this right so it is possible that the easement is equivalent to an estate in fee simple absolute in possession under s 1(2)(a) of the LPA 1925. This is a legal interest in the land and must be registered on the charges register as per section 27(2)(d) of the Land Registration Act 2002.]]> 2020-10-19 10:51:13 UTC https://padlet.com/sroberts292/rzp00c4ejhsyzy36/wish/840509824