ESTATES IN LAND

Question 1

INTRO

Answer 1

• all land in England and Wales is owned by the crown
• others may ‘merely’ own an ‘estate in land’
• estate= right to use and control land
• estate in land equates to ownership of the land for a slice of time

Question 2

FREEHOLD ESTATE

Answer 2

• aka fee simple absolute in possession or fee simple s1 1 a LPA
• have the right to use and enjoy the land for the duration of their life and life of their successors
• freely transferable (alienable) eg by gift or sale or by death eg will
• freehold equates to permanent ownership
• estate reverts to crown if current owner dies with no heir or will

Question 3

LEASEHOLD

Answer 3

• aka term of years absolute s1 1 b LPA
• right to use and enjoy land as owner for a stated period of time
• referred to As term of years
• term of years has to be less than the estate it is taken from
• a leasehold can be carved out of another leasehold

Question 4

FEE TAIL

Answer 4

• interest over someone’s land
• an interest permitting the owner use of the land for duration of his life and that of his linear descendants eg parental grand parental and great grand parental
• can be very long duration
• an entail can be added to exclude a successor However new ones cannot be created now
• only really exist in modern law as an equitable interest

Question 5

LIFE INTEREST

Answer 5

• once an estate proper
• aka life estate
• gives holder land till death
• only exists in modern law as an equitable interest

Question 6

INTERESTS IN LAND

Answer 6

• term used to denote proprietary rights of an individual who enjoys the land of someone else
• eg right of way (easement) mortgage, restrictive covenant, option
• proprietary rights can be sold or transferred And binding to the owner of the land

Question 7

LEGAL INTERESTS

Answer 7

• s1 2 LPA
• an easement
• charge by way of legal mortgage
• rent charge
• similar charge
• rights of entry

Only look at easement and mortgage
If not one of these then equitable