Estates and Interests in Land

Question 1

What are the two legal estates in land?

Answer 1

1. Freehold
2. Leasehold

Question 2

What is a freehold estate (aka fee simple)?

Answer 2

An estate of uncertain duration

Question 3

What is a leasehold estate (aka term of years)?

Answer 3

An estate with a fixed maximum duration

Question 4

Generally, a legal interest in property can only be created how?

Answer 4

By deed

Question 5

What are the four requirements of a valid deed?

Answer 5

1. In writing
2. Clearly intended to be a deed
3. Signed in the presence of a witness
4. Delivery

Question 6

A deed is not needed to validly transfer property in which 3 instances?

Answer 6

1. Assents by a PR
2. Surrenders by operation of law
3. Leases, tenancies, or other assurances not required by law to be in writing

Question 7

When may a surrender by operation of law arise?

Answer 7

When a landlord and tenant demonstrate by their conduct that there is no longer a continuing lease between them

(n.b., important to remember L and T must carry out their conduct together)

Question 8

What are the five categories of legal interests?

Answer 8

1. Mortgages
2. Easements
3. Rentcharges
4. Profit a prendres
5. Right of entry

(Remember: MERRP)

Question 9

What is a mortgage?

Answer 9

An interest that secures a loan by giving the lender the right to sell the mortgaged property if the borrower defaults

Question 10

What is an easement?

Answer 10

A right to use a person’s land to benefit another piece of land

Question 11

What is a rentcharge?

Answer 11

An interest requiring the landowner to make periodic payment in respect of the land to the rentcharge owner

Question 12

What is a profit a prendre?

Answer 12

An interest enabling someone to take something from the land of another

Question 13

What is the difference between a profit a prendre ‘appurtenant’ and ‘in gross’?

Answer 13

Appurtenant - right attached to the piece of land (e.g. to take timber or fish)
In gross - a right that exists independently to the land (in that, the owner of the profit doesn’t own land)

Question 14

A profit a prendre in gross may be ___________ ___________ at HMLR with its own _____

Answer 14

substantively registered, title

Question 15

Can profit a prendre appurtenant be registered at HMLR with its own title?

Answer 15

No

Question 16

What is a right of entry?

Answer 16

A right reserved in leasehold or rentcharge contracts to enter the premises

Question 17

What is meant by concurrent interests?

Answer 17

The concept that legal and equitable interests can exist in land at the same time

Question 18

When might an equitable interest arise?

Answer 18

Where there’s an attempt to create a legal interest by deed, but it fails because the formalities of a deed weren’t met

Question 19

For any interest in property to arise, what does the LPA 1989 require the parties to do?

Answer 19

Sign a written contract

Question 20

Is an equitable interest binding on a bona fide purchaser for value who didn’t have notice of such interest?

Answer 20

No

Question 21

When may a restrictive covenant be enforced in equity against a subsequent buyer?

Answer 21

If the subsequent buyer has notice of the covenant

Question 22

When a person enters into a contract to buy land, at what point are they deemed to have an equitable interest in that land?

Answer 22

From the date of the contract