Foundation of Land Law

Question 1

Estates

Answer 1

A collection of rights and legal entitlements which entitles the holder to go on to an area of land and engage in certain activities on that area exclusively.

Question 2

Interests

Answer 2

a number of lesser rights, that do not resemble ownership, can be given by Estate owners to others (third party interests)

Question 3

Rights in Personam

Answer 3

particular limited and narrow rights and actions in contracts

Question 4

Rights in Rem

Answer 4

rights capable of binding successors in title to the estate

Question 5

Tulk v Moxhay (1848)

Answer 5

Recognition of rights as proprietary (in rem) by equity (estate contracts, restrictive freehold covenants)

The claimant, Tulk, owned several properties in Leicester Square and sold one such property to another, making the purchaser promise to not build on the property and creating an equitable covenant. The purchaser subsequently sold the land and it underwent multiple transactions, and was eventually purchased by the defendant, Moxhay. Whilst Moxhay was aware of the covenant attached to the land at the time of the transaction, he claimed it was unenforceable as he had not been a party to the original transaction in which the covenant had been made.

High Court passed an injunction to prevent Moxhay from building on the land. The covenant had been intended to run with the land at the time it was made, and all subsequent purchasers had been informed of its existence. Moreover, as a covenant amounts to a contract between a vendor and vendee, it is enforceable against a purchaser for value with either constructive or actual notice. As Moxhay had actual notice of the covenant, he was obligated to abide by it.

Question 6

Express Trusts

Answer 6

express declaration in written form for a trust

Question 7

Implied

Answer 7

equity may imply a trust in the light of the conduct of individuals.

Question 8

Conveyance

Answer 8

The buying and selling of estates

Question 9

Law of Property Act 1925, s 1(1)

Answer 9

(1) The only estates in land which are capable of subsisting or of being conveyed or created at law are—
a. An estate in fee simple absolute in possession;
b. A term of years absolute.

Question 10

Overreaching

Answer 10

technique whereby if you as a purchaser and the people selling meet certain conditions in the way you act during the transaction then the law will allow you to take the estate as an outright owner with no duties of the trustee.

The trust’s asset under overreaching changes identity, it ceases to be an estate and instead becomes cash.

Question 11

Law of Property Act 1925, s 1(2)

Answer 11

(2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—
a. An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute;
b. A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute;
c. A charge by way of legal mortgage;
d. and any other similar charge on land which is not created by an instrument;
e. Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose, to a legal rentcharge.

Question 12

Law of Property Act 1925, s 1(3)

Answer 12

‘all other interests take effect as equitable interests’
- life estates, remainder, and reversionary fees
- interests of beneficiaries under an implied trust of an estate
□ express
□ implied
- restrictive covenants and other interests recognised by equity

Question 12

Law of Property Act 1925, s 1(3)

Answer 12

‘all other interests take effect as equitable interests’
- life estates, remainder, and reversionary fees
- interests of beneficiaries under an implied trust of an estate
□ express
□ implied
- restrictive covenants and other interests recognised by equity