Estates and Interests in Land

Question 1

What are the two types of proprietary right?

Answer 1

Estate: Right to use and own land for a slice of time
Interest: The right one person enjoys over the land of another

Question 2

Types of estate pre-1925

Answer 2

1. ) Fee Simple: Right to enjoy land for the duration of life and heirs and successors - freely transferable
2. ) Fee Tail: Interest permitting holder the use of land for the duration of his life and that of his lineal descendants, at the end of the interest it reverts back to the owner or the crown - no more can be created
3. ) Life Interest: Gives holder a right to use and enjoy land for the duration of a life
4. ) Leasehold: Right to use and enjoy land for a stated period of time, can be carved out of freehold.

Question 3

Types of estate after 1925

Answer 3

1. ) Fee simple absolute in possession - Freehold:
   - estate continues as long as there is someone to inherit it
   - not on condition and estate must be current
2. ) Term of years absolute - Leasehold:
   - A lease or tenancy that must give exclusive possession with a definite beginning and end
   - Fixed term or periodic

Question 4

Interests capable of being Legal:

Answer 4

S1 (2) Law of Property Act 1925:

1. ) Easements, rights or privileges
2. ) Rentcharges
3. ) Charge by way of legal mortgage
4. ) Statutory Charge
5. ) Rights of re-entry

Question 5

Equitable interests:

Answer 5

S1 (3) Law of Property Act 1925

-Any interest which does not qualify as legal must be an equitable interest

Question 6

Position of Interests now in registered Land:

Answer 6

Legal and equitable interests entered onto the land register against the title

Question 7

Position of Interests now in unregistered Land

Answer 7

Legal rights bind the world
Registration of must interests as Land Charges
Certain rights still subject to Doctrine of Notice