Estates in Land Flashcards

Chapter 3 of land law textbook

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1
Q

Today, all land is held either directly or indirectly of whom?

A

The Sovereign.

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2
Q

The doctrine of tenure is about the relationship between?

A

Lord and tenant.

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3
Q

The doctrine of estates is about the relationship between?

A

Tenant and the land.

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4
Q

The interest of a tenant in a parcel of land is called what?

A

Estate.

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5
Q

Per Pollock and Maitland, proprietary rights are projected upon what?

A

The plane of time.

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6
Q

In Walsingham’s case (1573), the diversities of estates were described as no more than what?

A

Diversities in time.

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7
Q

Estates may be categorised as what?

A

Freehold or less than freehold.

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8
Q

What is the defining characteristic of a freehold estates versus a less than freehold estate?

A

Freehold: uncertainty of duration.
Less than freehold: certainty of duration.

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9
Q

What are the two types of freehold estate in New Zealand?

A

Estate in fee simple and life estate.

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10
Q

A life estate is granted to someone for what duration?

A

The grantee’s life.

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11
Q

A life estate granted to a grantee for the duration of another person’s life is known as what?

A

A life estate pur autre vie.

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12
Q

Estates may be classified as either they are an estate in possession or?

A

An estate in expectancy.

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13
Q

An estate in expectancy may be subclassified as what?

A

Either reversions or remainders.

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14
Q

What are the most important rights held by a tenant in fee simple?

A

Possession, use and enjoyment, and alienation.

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14
Q

What are the three types of estate in fee simple?

A

Fee simple absolute, determinable fee, and fee simple upon condition.

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15
Q

Per s 77 of the Administration Act 1969, if nobody exists who has an interest in an estate where the owner has died intestate without heirs or successors, what will happen to the estate?

A

The estate will belong to the Crown as bona vacantia.

16
Q

A determinable estate is an estate where…

A

The description of the terminating event is included in the words of limitation.

17
Q

A conditional estate is an estate where…

A

The description of the terminating event AND the determination of said estate upon termination is included in the words of limitation.

18
Q

Conditions of disposition may be void on what grounds?

A

Repugnancy, contrariness to public policy, and vagueness or uncertainty.

19
Q

If you purchase a leasehold estate, what are you purchasing?

A

The right to own the building and the right to lease the land for a definite period (e.g. 25 years).