Basic Land Law Flashcards
Land of law property act 1925
In theory ownership of land involves everything from centre to atnomsferr
In practice parliament modified this and minerals gold silver belongs to crown
Technically land is owed held by crown
Meaning of freehold
Fee simple absolute in possession- freehold continues indefinitely
Leasehold
A term of years absolute- can be for any term or length
Leasehold two key elements
Fixed duration
Exclusive possession
What are freeholders restrictions
Planning control
Noise
Length of lease
Short term - ASTs min 6 months
99 125 999
Meaning of easement
Right over land -
When you have benefit if easement you have right to use land of another
Example of easements
Right if way
Right of light
Right if support
Right if water
Dominant tenement
Right which enjoys right over another persons land
Meaning of servient tenement
LAnd over which easement is exercised
Two ways easements can be created
Formal doc Usage : Prescription : min 20 years Uninterrupted Without force Without secrecy Without permission
If claimed permission given - min 40 years
4 rules to follow for easement to exist
Dominant and servient tenement
Both sep owners
Easement must accommodate dominant tenement
Easement must be capable of forming subject matter of grant - sufficiently defied
Example of common freehold restrictive covenant in residential property
Not slowing busines use of property
Not to build of land but to keep it open
Example of positive freehold covenants
To fence boundaries
It doesn’t pass when property is sold
Meaning of tenture
Tenture is the way land is held legally
