Estates in land Flashcards
What are proprietary rights?
Rights that can be enforced by an action in rem including against 3Ps, allowing recovery of use or possession of the land - no need to settle for damages
What are personal rights?
Rights that can only be enforced by a personal action for damages if breached, with no recovery of use or occupation
Personal rights bind only the original parties and have no recourse against third parties.
List the rights that have proprietary status (x7)
- The Freehold Estate
- The Leasehold Estate
- An Easement
- A Mortgage
- A Restrictive Covenant
- An Estate Contract
- A Beneficial Interest in a Trust of Land
What must a right satisfy to have proprietary status?
- substantive characteristics
- strict formalities for acquisition or creation - this can include registration
What are the key questions for determining rights in land?
- Is the right on the fixed list of proprietary rights in land?
- Does it satisfy any substantive characteristics for the particular proprietary right?
- Has it been created in accordance with the formalities for the particular right?
- Is it enforceable against a third party?
What is a Freehold Estate?
A right of possession that lasts until the owner dies without heirs and is not determinable or subject to a condition.
What is a Fee Simple Absolute in Possession?
A type of Freehold Estate that grants the current right to use and enjoy the property indefinitely.
What is a Fee Simple Absolute in Remainder?
The right of someone to own or possess the land once the fixed term interest of the current owner expires.
What is a Determinable Fee Simple?
A fee simple that will automatically terminate ownership if a specific but unpredictable event occurs.
What is a Conditional Fee Simple?
A fee simple that requires compliance with a condition throughout the ownership, without automatic termination upon condition breach.
Define Leasehold Estate.
A lesser estate of certain duration of term of years absolute.
What is the difference between freehold reversion and leasehold reversion?
Freehold reversion is the right to own a property after a lease ends, while leasehold reversion is the right of the original leaseholder after a sub-lease ends.
What is Commonhold?
A type of freehold that allows ownership without a landlord, where the land is owned by a commonhold association.
What occurs during the Pre-Exchange stage of a sale?
The buyer makes enquiries about proprietary rights and searches registers to confirm ownership before committing to purchase.
What is the Exchange of Contracts?
A binding contract between buyer and seller agreeing on price and terms, usually involving a deposit.
What are the requirements for the Completion of the Deed?
- The deed must be clear that it is intended to be a deed.
- It must be validly executed (signed by the seller in the presence of a witness).
- It must be delivered.
s1 LP(MP)A 1989
What happens during registration after the Completion of the Deed?
The completed deed is sent to the Land Registry, with legal title transferring upon registration for registered land.
What are the disadvantages of Unregistered Land?
Difficulties in discovering third-party interests and no state guarantee of accuracy or compensation.
List the advantages of the Registered Land System.
- Each title has a title plan evidencing property extent.
- Ownership guaranteed by the State.
- Centralized and online viewing speeds up conveyancing.
What triggers compulsory land registration?
Each time unregistered land is sold for the first time since 1st Dec 1990, and after triggering events like transfer of the freehold estate.
What is the purpose of Land Registration?
To ensure buyers know precisely what they are buying, and that recorded interests are enforceable against new owners.
What is the Mirror Principle in Land Registration?
The register should reflect all matters that the property has the benefit of and all matters that it is subject to.
What is the Curtain Principle?
The register contains legal title and does not concern beneficial/equitable interests.
What does the Insurance Principle guarantee?
Accuracy of the register is guaranteed by the state, providing state indemnity.
What information does the Property Register contain?
- Description of the Property by reference to a filed plan.
- Nature of the Estate (freehold or leasehold)
- Details of Proprietary Rights.
What details does the Proprietorship Register include?
- Details of Owner of the Legal Estate.
- The Class of Title (Absolute, Qualified, Good Leasehold, Possessory).
- Restrictions on the Owner’s Ability to Deal with the Land.
What is recorded in the Charges Register?
Details of burdens such as Restrictive Covenants, Positive Covenants, Easements, and Mortgages over the Land.
What are the requirements for a valid contract of land?
- in writing
- contain all the expressly agreed terms
- signed by both parties
s2 LP(MP) A 1989
what conditions must be met to vary a material term of the contract?
the same conditions as are required to create a valid contract
what is the effect of a contract?
equitable interest in the land passes to the buyer
