Key Terms

Question 1

Adverse Possession

Answer 1

A route by which someone, the Adverse Possessor or Squatter, who adversely possesses land which is owned by another, may gain some form of title over that land.

Question 2

Assignee

Answer 2

A person to whom something has been assigned - such as a lease.

Question 3

Assignor

Answer 3

A person who assigns something, such as a lease, to an assignee.

Question 4

Covenant

Answer 4

A promise to do, or not do, something in relation to land.

Question 5

Covenantee

Answer 5

The covenant-receiver, or owner of the land that benefits from the covenant.

Question 6

Covenantor

Answer 6

The covenant-maker, or owner of the land that is burdened by the covenant.

Question 7

Deed

Answer 7

A written legal document that transfers, created or confirms a property right.

To be valid it must be in a prescribed form: Signed, witnessed, dated, and headed a ‘deed’.

Question 8

Dominant Tenement

Answer 8

The land that benefits from an easement.

Question 9

Easement

Answer 9

A proprietary right which benefits one piece of land to the detriment of another, e.g. a right of way

Question 10

Freehold Estate

Answer 10

The closest thing to absolute ownership of land in English and Welsh law.

Question 11

Leasehold/Lease

Answer 11

A transferable right to occupy a property for a certain length of time.

Question 12

Lessee

Answer 12

The person who has the lease, or Tenant

Question 13

Lessor

Answer 13

The person letting the property, usually the Landlord.

Question 14

Licence

Answer 14

A personal right which grants permission for one party to enter and remain on another party’s land in accordance with the conditions of the licence.

This can either be with consideration (Contractual), or without (Bare).

Question 15

Licensee

Answer 15

The party receiving a licence in respect of a licensor’s land.

Question 16

Licensor

Answer 16

The party giving a licence over his or her land.

Question 17

Mortgagee

Answer 17

The Lender who receives the benefit of the mortgage as security for a loan given by them, typically a bank/building society.

Question 18

Mortgagor

Answer 18

The Borrower who gives a mortgage over their land, usually in order to borrow sufficient funds to purchase the property.

Question 19

Paper Owner

Answer 19

In the context of adverse possession, the owner of a contested piece of land in the sense that their name appears on the title deed or register.

Question 20

Promissory Estoppel

Answer 20

A principle of equity under which the court may estop someone from reneging or going back on a promise, even if that person isn’t contractually bound, where it would be unjust/inequitable for him to do so.

Question 21

Proprietary Estoppel

Answer 21

A principle of equity under which a court may estop someone who has led another person to believe in a particular state of affairs in relation to property from going back on it, if it would be unjust/inequitable for him to go back.

Question 22

Servient tenement

Answer 22

The land that is burdened by an easement.

Question 23

LCA 1925

Answer 23

Land Charges Act 1925

Question 24

LCA 1972

Answer 24

Land Charges Act 1972

Question 25

LPA 1925

Answer 25

Law of Property Act 1925

Question 26

LRA 2002

Answer 26

Land Registration Act 2002

Question 27

LP(MP)A 1989

Answer 27

Law of Property (Miscellaneous Provisions) Act 1989

Question 28

TA 1925

Answer 28

Trustees Act 1925

Question 29

TOLATA

Answer 29

Trusts of Land and Appointment of Trustees Act 1996

Question 30

IA 1986

Answer 30

Insolvency Act 1986