Estates in Land Flashcards
Chapter 3 of land law textbook
Today, all land is held either directly or indirectly of whom?
The Sovereign.
The doctrine of tenure is about the relationship between?
Lord and tenant.
The doctrine of estates is about the relationship between?
Tenant and the land.
The interest of a tenant in a parcel of land is called what?
Estate.
Per Pollock and Maitland, proprietary rights are projected upon what?
The plane of time.
In Walsingham’s case (1573), the diversities of estates were described as no more than what?
Diversities in time.
Estates may be categorised as what?
Freehold or less than freehold.
What is the defining characteristic of a freehold estates versus a less than freehold estate?
Freehold: uncertainty of duration.
Less than freehold: certainty of duration.
What are the two types of freehold estate in New Zealand?
Estate in fee simple and life estate.
A life estate is granted to someone for what duration?
The grantee’s life.
A life estate granted to a grantee for the duration of another person’s life is known as what?
A life estate pur autre vie.
Estates may be classified as either they are an estate in possession or?
An estate in expectancy.
An estate in expectancy may be subclassified as what?
Either reversions or remainders.
What are the most important rights held by a tenant in fee simple?
Possession, use and enjoyment, and alienation.
What are the three types of estate in fee simple?
Fee simple absolute, determinable fee, and fee simple upon condition.
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?
The estate will belong to the Crown as bona vacantia.
A determinable estate is an estate where…
The description of the terminating event is included in the words of limitation.
A conditional estate is an estate where…
The description of the terminating event AND the determination of said estate upon termination is included in the words of limitation.
Conditions of disposition may be void on what grounds?
Repugnancy, contrariness to public policy, and vagueness or uncertainty.
If you purchase a leasehold estate, what are you purchasing?
The right to own the building and the right to lease the land for a definite period (e.g. 25 years).
