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05 Law > 5 Land Law > Flashcards

5 Land Law Flashcards

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1
Q

What was the basis for Land Law? (2)

A
  1. After WWI more laws came into effect

2. A requirement for well written acts of law

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2
Q

What is Land Law? (4)

A
  1. Under section 205 of Law of Property Act 1925
  2. Under Land Registration Act 1925
  3. The owners owns 200m above roof level
  4. Any object found buried on the site belongs to the owner unless treasure trove (gold, historical artefacts) which then belong to the queen
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3
Q

What is a freehold? (3)

A
  1. Technically all land belongs to the queen
  2. Freehold owner shift is ownership of an ‘estate’ in land rather than the land itself
  3. An estate in fee simple or absolute possession for an non-determinate amount of time
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4
Q

What must a freehold ownership possess? (2)

A
  1. Immobility

2. Indeterminate length

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5
Q

What is leasehold? (3)

A
  1. Ownership of an estate in a term of years absolute
  2. Comes out of a freehold ownership
  3. Form of land tenure where one party buys the rights to occupy land or building
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6
Q

What is a commonhold? (5)

A
  1. New way of owning multiple free holds
  2. Used on flats in the same block / office blocks
  3. Where multiple freeholders become members of a management or commonhold association
  4. Controls the communal / common parts of a building
  5. Previously would have been leasehold, where the freeholder enforced covenants but managed the common areas
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7
Q

What are landlords and tenants? (4)

A
  1. Landlord - freeholder
  2. Tenant - leaseholder
  3. Acts of Statute state that a freeholder my act on claims and disputes
  4. Cannot be a tenant and a landlord. Freehold is often a company and you can have shares in a freehold, where each person has shares in the company / building, company then controls the block / management
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8
Q

What is a flying freehold? (3)

A
  1. Where a building / estate is reliant on another part of a freehold (ie, flat below).
  2. Has to be physically reliant
  3. Can have shared covenants
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9
Q

What is a lease / tenancy? (4)

A
  1. Lease agreement for the possession / occupation of a building or freehold estate
  2. Must be an exclusive possession
  3. Must be for a certain duration
  4. Contains covenants (promises) enforceable between the landlord and tenant
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10
Q

What is a license? (6)

A
  1. A permission to do something that would otherwise be unlawful
  2. Can be withdrawn
  3. Be careful when running a company from a private/personal leasehold. May inadvertently turn it into a license, be subject to termination. This voids all leasehold agreements.
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11
Q

What is an easement? (5)

A
  1. Rights that are annexed to land enabling or preventing the owner from doing something
  2. Rights of way
  3. Rights of light etc
  4. Rights of support
  5. Is of legal interest provided that it is created by statute, deed or prescription
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12
Q

What is acquiescence? (2)

A
  1. When a person knowingly stands by without raising objection.
  2. If an offender then makes a claim / right on the other parties land without malice then permission is awarded due to the other persons inaction, silence or passiveness
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13
Q

What are prescriptive rights? (3)

A
  1. An acquired right to / on a piece of land
  2. Must be acquired without force and openly (not secretively)
  3. Is only enforceable by evidence
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14
Q

When might an easement be extinguishable by release? (2)

A
  1. If both plots of land come into the same hands

2. By statute

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15
Q

What is a covenant? (2)

A
  1. Protection rules on land / estates.
  2. Rules that govern how a piece of land shall be used.
  3. Conveyance Act 1890
  4. Changes came after the Town and Country Planning Act
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16
Q

When might a coventee be deprived the right of enforcement? (3)

A
  1. If the covenant has been expressly released
  2. If the land has been submitted to a long course of use, inconsistent with the covenant and no steps where taken to remedy it (20 years until unchallengeable, 40 years until extinguished)
  3. If there is disregard for the breach that a reasonable person would believe that future breaches would be disregarded.
17
Q

What is important to note for architects and covenants? (4)

A
  1. Can apply of PII to cover the breach of a covenant
  2. Architects should highlight to their clients to check if there are any covenants actions in the title Dee’s
  3. NOT for the architect to advise (would be negligence)
  4. Advise the client to contact their solicitor
18
Q

What is unregistered and registered land? (2)

A
  1. Governed by the Land Registry Act 1925 (Updated 2002)

2. Cannot be forced to register land unless in an area of enforcement

19
Q

What is registered lands? (3)

A
  1. Under title
  2. Title deeds are replaced by title information document and site plan
  3. Title information shows information on conveyance
20
Q

What 3 things are included in a certificate of registration? (4)

A
  1. Property registered
  2. Parties registered
  3. Charges (mortgages as a charging order)
  4. All in the public domain
21
Q

What are the two types of co-ownership? (3)

A
  1. Tenants in common
  2. Beneficial Joint Tenancy
  3. Old use of the word ‘tenant’
22
Q

What is are tenants in common? (6)

A
  1. Estate is split into shares
  2. Shares can be passed onto family members
  3. Good for business property
  4. Severs any beneficial joint tenancies
  5. Trust deeds to say who owns what
  6. In the event of death share in land will form part of personal estate
23
Q

What is a beneficial joint tenancy? (6)

A
  1. An equal entitlement to possess land
  2. Interests in the land must be the same in extent, nature and duration
  3. Interests must be vested at the same time
  4. Title to any land must be acquired under the same act
  5. In the event of death, the land / property transfers to other beneficial tenants, not to personal estate.
  6. A beneficial joint tenancy can be severed to create a tenancy in common. After granted no bearing on covenants - must be enforced by a person
24
Q

What is the matrimonial clauses act? (3)

A
  1. Only act that contains personal transfer range of rights
  2. There is no act for coinhabitation.
  3. Need to married to enforce any legal rules

05 Law (8 decks)

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