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CELE SQE1 模拟练习

Examination Timing: 00H00M47S

Jen is the freehold owner of an unregistered office building in the centre of Oldcastle. She grants a 99-year lease of the ground floor to Nikki by deed. However, it later transpires that Jen has not complied with the formalities for the proper execution of a deed contained in the Law of Property (Miscellaneous Provisions) Act 1989 when she executed the lease. 

Which statement best describes the position?

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Nikki has an equitable lease and this should be protected by the registration of a Land Charge. The lease operates in equity only because the relevant formalities for the proper execution of a deed have not been complied with. Under the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be signed, witnessed, and delivered to be effective. In this case, the failure to meet these requirements means the lease cannot be a legal lease and operates instead as an equitable lease. This should be protected by way of a notice against the landlord's title if it is registered or by registering a Class C(iv) Land Charge if the landlord's title is unregistered. 

Key Point: A lease must meet specific formalities to be legally enforceable, and failure to comply with these results in the lease being equitable, requiring protection through appropriate registration.



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