5 Land Law Flashcards
1
Q
What was the basis for Land Law? (2)
A
- After WWI more laws came into effect
2. A requirement for well written acts of law
2
Q
What is Land Law? (4)
A
- Under section 205 of Law of Property Act 1925
- Under Land Registration Act 1925
- The owners owns 200m above roof level
- Any object found buried on the site belongs to the owner unless treasure trove (gold, historical artefacts) which then belong to the queen
3
Q
What is a freehold? (3)
A
- Technically all land belongs to the queen
- Freehold owner shift is ownership of an ‘estate’ in land rather than the land itself
- An estate in fee simple or absolute possession for an non-determinate amount of time
4
Q
What must a freehold ownership possess? (2)
A
- Immobility
2. Indeterminate length
5
Q
What is leasehold? (3)
A
- Ownership of an estate in a term of years absolute
- Comes out of a freehold ownership
- Form of land tenure where one party buys the rights to occupy land or building
6
Q
What is a commonhold? (5)
A
- New way of owning multiple free holds
- Used on flats in the same block / office blocks
- Where multiple freeholders become members of a management or commonhold association
- Controls the communal / common parts of a building
- Previously would have been leasehold, where the freeholder enforced covenants but managed the common areas
7
Q
What are landlords and tenants? (4)
A
- Landlord - freeholder
- Tenant - leaseholder
- Acts of Statute state that a freeholder my act on claims and disputes
- 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
8
Q
What is a flying freehold? (3)
A
- Where a building / estate is reliant on another part of a freehold (ie, flat below).
- Has to be physically reliant
- Can have shared covenants
9
Q
What is a lease / tenancy? (4)
A
- Lease agreement for the possession / occupation of a building or freehold estate
- Must be an exclusive possession
- Must be for a certain duration
- Contains covenants (promises) enforceable between the landlord and tenant
10
Q
What is a license? (6)
A
- A permission to do something that would otherwise be unlawful
- Can be withdrawn
- 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.
11
Q
What is an easement? (5)
A
- Rights that are annexed to land enabling or preventing the owner from doing something
- Rights of way
- Rights of light etc
- Rights of support
- Is of legal interest provided that it is created by statute, deed or prescription
12
Q
What is acquiescence? (2)
A
- When a person knowingly stands by without raising objection.
- 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
13
Q
What are prescriptive rights? (3)
A
- An acquired right to / on a piece of land
- Must be acquired without force and openly (not secretively)
- Is only enforceable by evidence
14
Q
When might an easement be extinguishable by release? (2)
A
- If both plots of land come into the same hands
2. By statute
15
Q
What is a covenant? (2)
A
- Protection rules on land / estates.
- Rules that govern how a piece of land shall be used.
- Conveyance Act 1890
- Changes came after the Town and Country Planning Act
16
Q
When might a coventee be deprived the right of enforcement? (3)
A
- If the covenant has been expressly released
- 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)
- 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
- Can apply of PII to cover the breach of a covenant
- Architects should highlight to their clients to check if there are any covenants actions in the title Dee’s
- NOT for the architect to advise (would be negligence)
- Advise the client to contact their solicitor
18
Q
What is unregistered and registered land? (2)
A
- 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
- Under title
- Title deeds are replaced by title information document and site plan
- Title information shows information on conveyance
20
Q
What 3 things are included in a certificate of registration? (4)
A
- Property registered
- Parties registered
- Charges (mortgages as a charging order)
- All in the public domain
21
Q
What are the two types of co-ownership? (3)
A
- Tenants in common
- Beneficial Joint Tenancy
- Old use of the word ‘tenant’
22
Q
What is are tenants in common? (6)
A
- Estate is split into shares
- Shares can be passed onto family members
- Good for business property
- Severs any beneficial joint tenancies
- Trust deeds to say who owns what
- In the event of death share in land will form part of personal estate
23
Q
What is a beneficial joint tenancy? (6)
A
- An equal entitlement to possess land
- Interests in the land must be the same in extent, nature and duration
- Interests must be vested at the same time
- Title to any land must be acquired under the same act
- In the event of death, the land / property transfers to other beneficial tenants, not to personal estate.
- 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
- Only act that contains personal transfer range of rights
- There is no act for coinhabitation.
- Need to married to enforce any legal rules
