Chapter 9 Flashcards
What is land?
Defined as including building and other structures, land covered with water and any estate, interest or right in or over land.
eg. Physical soil / nature produce of soil / airspace above earth / buildings / ground covered with water / estates interest and intangible rights
How do you test whether something is a fixture?
2 tests ….
Degree of annexation: has to fastened to building in substantial way
Purpose of annexation: Intention to improve building
Do people ever own land?
No - they own a period of time in relation to the land, known as estates - either freehold or leasehold
What is a freehold estate?
A period of time without an end (also called fee simple)
Fee simple absolute in possession is recognised in common law
What is a leasehold estate?
A period of defined duration
When does someone own an interest in land?
When they own rights over someone else (interest restricts the estate owner)
Recognised by law and equity
What is an easement?
Is a right of one person to use the land of another
Necessarily there are 2 persons & 2 pieces of land: dominant tenement & Servient tenement
What is a profit à prendre?
The right of one person to enter and take property off
What is a covenant?
An agreement where one person promises the other that they will do or not do something
Indicates how an estate holder may use their land
What is a mortgage of land?
The transfer of an interest in land in order to secure the repayment of a loan
What is an estate contract?
Where an estate owner enter a contract in respect of their land with another person
What conditions need to be met for a leasehold to be valid?
The lease must give the lessee the right to exclusive possession
A lease must have certain duration
The premises subject to the lease must be accurately defined
What are the implied obligation of a landlord?
Quiet enjoyment - to allow the Tenant
Repair and fitness for habitation
What are the implied obligation of a tenant?
- To pay rent
- To pay rates & taxes
- To allow landlord to visit if they are liable to repair
- To return the premises to the landlord at the end of the lease
Why might a leasehold come to an end?
- Expiry - some have break clauses
- Either party give notice to quit
- By merger - lessee acquires landlord’s reversion
- By surrender
- By forfeiture - breaches of the leasehold covenants
What is a tenancy at will?
When the tenant occupies the premises and the landlord can determine the tenancy whenever they wish
What is a tenancy at sufferance?
After the expiry of the term of the lease the tenant still occupies
What is a licence?
Permission given by the occupier of land to do something which would otherwise be unlawful
How does co-ownership in land take effect?
In a trust
What are the 5 key interests in land?
Easements, profits à pendre, covenants, mortgages and estate contracts
The sale of an estate in land usually has 2 stages - what are they?
Agreement to sell followed by the completion of that agreement
