Introduction To Land Law Flashcards
What is a freehold estate?
A freehold estate is an estate in land of unlimited duration.
What is the key point about freehold estates
Freehold estates are considered the ‘highest’ form of ownership in English law.
What is a leasehold estate?
A leasehold estate is a property right arising from the consensual grant of exclusive possession for a limited duration.
What is a mortgage?
A mortgage is an interest arising as security for a debt, typically involving land as security for a loan.
What is an easement
An easement is a limited right to use another’s property or prevent certain uses.
- Can you provide an example of an easement?
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Answer: An example of an easement is a right of way across a neighbor’s land.
What is a profit?
: A profit is a right to take resources from another’s land, such as fishing or hunting.
In which act is proft a Pendre included
Profit is included in the Law of Property Act 1925, Section 1(2)
What is a freehold covenant?
A freehold covenant is a covenant limiting the use of servient land without requiring expenditure.
What is a leasehold covenant?
A leasehold covenant is an obligation contained in a lease agreement.
What is a right of pre-emption?
A right of pre-emption is the right for a purchaser to buy property before others at a pre-agreed price.
Where is the right of pre-emption included?
It is included in the Law of Property Act 1925, Section 62.
What is a rentcharge?
A rentcharge is the right to receive income from the owner of a freehold estate in land.
What are rights of re-entry?
Rights of re-entry are the right of a landlord to terminate a lease or bring about forfeiture.
What is equity arising by estoppel?
It is a property right arising in response to estoppel, extinguished upon crystallization.
What is interest under a trust of land?
It is a right relating to a freehold or leasehold estate that holds the legal owner to account.
What is the principle of certainty?
Definition: Refers to the need for clarity and predictability in land law to enable effective planning and management of assets.
* Components: Formal certainty (clear and unambiguous rules), moral certainty (aligning legal definitions with common understanding), accessibility of rules.
Why is certainty in land law crucial?
It is crucial for commercial mortgagees and homeowners.
What is the principle of sensitivity to context?
Definition: Acknowledges the importance of considering the specific circumstances and relationships involved in land transactions.
* Components: Consideration of the nature of the land, parties’ relationship, and transaction purpose.
What does flexibility in land law depend on?
It depends on context, including domestic vs. commercial.
What is the principle of transactability?
Definition: Addresses the ease and cost-effectiveness of transferring land rights, emphasizing the balance between static and dynamic security.
* Components: Costs associated with transfers, prioritization of dynamic security over static security.
What is the principle of systematic and individual effects?
Definition: Recognizes the dual impact of legal changes in land law: individual effects on immediate parties and systemic effects on the legal framework.
* Components: Consideration of both individual disputes and broader implications for legal precedent.
What is the principle of recognition of social effects of rules?
Definition: Highlights the importance of balancing market interests with individual and societal needs, particularly under the lens of human rights.
* Components: Awareness of societal implications and the evolving role of human rights in shaping land law.
What is the distinction between legal and equitable rights?
Legal rights are inherently binding to 3rd parties, require compliance with formality rules, and more ridgid.
Equitable rights require less formality and are more flexible, but there must exist certain conditions for these rights to burden 3rd parties
What are trusts?
They arise when the legal owner holds property for one or more others with an equitable interest.
What are estates in land?
They are types of rights a person holds in land, including freehold, leasehold, and mortgage.
What varies among estates in land?
Ownership rights, responsibilities, and duration vary.
What does Law of Property Act 1925 Section 27(1) address?
It addresses overreaching, where the purchaser is not concerned with trusts affecting land if the sale is by two or more trustees
What does Law of Property Act 1925 Section 62(1) specify?
It specifies elements included in the conveyance of land
What elements are converted by LPA 1925 section 62(1)
It covers buildings, fixtures, easements, etc., with land.
What does Law of Property Act 1925 Section 62(2) address?
r: It covers the conveyance of buildings, fixtures, easements, etc., with land.
Limitations of LPA section 62
It only applies is contrary intention is not expressed inn the conveyance
What is the scope of Law of Property Act 1925 Section 62
It applies to conveyances made after December 31, 1881. (Subsection 4)
What limitation does Law of Property Act 1925 Section 62(5) impose?
It doesn’t confer better title that is conveyed, ensuring the conveyed title remains unchanged
How does Law of Property Act 1925 Section 205(iv) define “death duty”?
It defines “death duty” as estate duty and other duties leviable on death.
What does “death duty” encompass?
It includes estate duty and other related duties.
Who does Law of Property Act 1925 Section 205(v) define as “estate owner”?
It defines “estate owner” as the owner of a legal estate,
What does “estate owner” refer to?
It refers to the owner of a legal estate, with exceptions for infants.
What does Law of Property Act 1925 Section 205(xx) define as “property”?
It defines “property” inclusively, including interests in real or personal property.
What does the definition of “property” encompass?
It encompasses interests in both real and personal property.
What does Gardner emphasize regarding certainty?
ardner emphasizes moral clarity in law, advocating for clearly defined distinctions and meanings aligning with common understanding.
Cooke’s perspective on the principle of Transactability
Cooke suggests a tendency to prioritize static security over dynamic security in land law, potentially favoring original rights holders over subsequent holders.
What is Neil and Hopkin’s critique of land law
Neil’s and Hopkins argue that land law has historically prioritized market needs over individual rights but suggest a shift toward human rights has reduced the property-focused aspect of land law.
Discussion on Equity and Legal rights
The distinction between equity and legal rights is described as historical, with equitable rights now seen as promoting fairness, while legal rights are considered more rigid.
What criteria for a property right was established in National Provincial Bank v Ainsworth?
Criteria include being definable, identifiable, capable of binding 3rd parties, permanent, and stable.
List the facts, principles and judgement of National Provincial Bank v Ainsworth
Facts: Lender sought to sell property to pay off mortgage debt. Mrs. Ainsworth claimed ‘deserted wife’s equity’ in the property.
Principles: Property rights must be listed in the Law of Property Act 1925. Criteria include being definable, identifiable, capable of binding 3rd parties, permanent, and stable.
Judgement: Mrs. Ainsworth’s claim to ‘deserted wife’s equity’ as a property right was denied. Equity did not meet criteria for proprietary status.
Facts, principles and judgment of Bernstein v Skyviews 1978
Facts: Skyviews took an aerial photograph of houses, including Bernstein’s country home.
Principles: Property owner’s rights in airspace are limited to such height as is necessary for ordinary use and enjoyment of land.
Judgement: No trespass occurred as airspace rights were limited. Property owner’s rights extend only to necessary airspace.
Facts principles and judgment of Bacardo SA v Star Energy
Facts: Bocardo was the freehold owner of a plot of land. Star Energy drilled pipelines into the substrata without consent.
Principles: Property owner’s ownership extends to strata of land entered by pipes.
Judgement: Star Energy trespassed by entering strata without consent. Bocardo’s ownership extends to strata of land.
Facts principles and judgement for Re Ellenborough Park
Facts: Dispute over whether land could be used as a park.
Principles: Criteria for easements include the need for a dominant and a servient tenement, accommodation of the dominant tenement, different ownership, and grant capability.
Judgement: Easement rights granted for the land to be used as a park.
