01: Law Flashcards
14.1.1
What is a case law and what does it entail?
Case law – a set of past rulings by tribunals that meet their respective
jurisdictions’ rules to be cited as precedent.
Judicial precedent operates under the principle
of stare decisis which literally means “to stand by decisions”. This
principle means that a court must follow and apply the law as set out in
the decisions of higher courts in previous cases.
14.1.2
What is the definition of legislation?
Legislation – a law that has
been enacted by a legislature
or other governing body, or
the process of making it.
14.1.3
What is civil law and what does it entail?
Civil law – a body of rules that defines and protects the private rights of
citizens.
Civil law, also known as
private law, regulates disputes
between private individuals
or entities (e.g. companies). It
is thus different to cases
dealing with matters between
individuals and the state, i.e.
public law and criminal law.
14.1.4
What is Criminal law?
Criminal law – the body of law that relates to crime.
Criminal law relates to offences that negatively impact society as a
whole, as opposed to just one person. Criminal laws are created by
Parliament and set out what is deemed to be acceptable and
unacceptable conduct in the UK.
14.2.1
Different types of land ownership:
- sole proprietor/owner
Sole ownership is when one person
owns a property by themselves. That
person is responsible for the property
and any debts associated with it, for
example a mortgage.
14.2.1
Different types of land ownership:
- government owned / council
Council housing is a form of democratically elected local
government. Council housing can also be called social
housing. The council is the local authority that owns properties and rents them out.
24.2.1
concurrent ownership – joint tenancy, joint mortgages, rights of
survivorship, the four unities (time, title, interest, possession),
shared ownership, tenants in common.
a concurrent estate or co-tenancy is any of various ways in
which property is owned by more than
one person at a time. If more than one
person owns the same property, they
are commonly referred to as co-owners.
24.2.1
concurrent ownership – joint tenancy.
Joint tenancy A joint tenancy means that two people are
responsible for making sure the tenancy conditions are met and
have equal rights to stay in the tenancy until it is ended. If one joint
tenant formally ends the tenancy, the tenancy comes to an end
even if the other joint tenant has not asked to end the tenancy.
14.2.1
concurrent ownership – joint mortgages
Joint mortgages A joint mortgage allows two or more people to
buy a home together. You can combine your money for
the mortgage deposit. All the people named on the mortgage are
responsible for the repayments. Failing to keep up to repayments
will mean the property is repossessed.
14.2.1
concurrent ownership – rights of survivorship
The right of survivorship means that on the death of one co-owner, that co-owner’s interest in the property will pass automatically to the surviving co-owner(s) bylaw. This means that you cannot leave your share of a property that you own as joint tenants to someone in your Will.
14.2.1
the four unities (time, title, interest, possession),
The four unities In land law the concept of the four unities
refers to the requirements for creating a joint tenancy, a form
of co-ownership of property. To create a joint tenancy, four
essential elements, known as the four unities, must be
present.
- Unity of possession: All co-owners must have an equal right to possess the
entire property. This means that each owner has an undivided interest in the
whole property rather than a specific portion or share. - Unity of interest: Each co-owner must hold an equal and identical share or
proportion of ownership in the property. For example, if there are two joint
tenants, each must have a 50% interest. - Unity of time: The co-owners must acquire their interests in the property at
the same time. This unity ensures that all joint tenants have an equal starting
point in terms of ownership duration. - Unity of title: The co-owners must acquire their interests in the property
through the same instrument or document, such as a deed or will. This unity
ensures that the creation of the joint tenancy is clear and unambiguous.
14.2.1
concurrent ownership – tenants in common.
Tenancy in common is a form of concurrent ownership where two or more individuals hold an undivided interest in a property.
14.2.2
Features of leasehold and freehold ownership and the differences
between them.
14.2.3
Legislation and regulations impacting on use of land and buildings:
● implications for construction where there are boundaries and
party walls
● planning regulations
● easements and wayleaves
14.3.1
Persons and organisations from which permission to carry
out surveys may be required: the land or building owner,
local authority, Ministry of Defence, Civil Aviation Authority
(drone use/unmanned aircraft systems)
