Key Terms Flashcards
Adverse Possession
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.
Assignee
A person to whom something has been assigned - such as a lease.
Assignor
A person who assigns something, such as a lease, to an assignee.
Covenant
A promise to do, or not do, something in relation to land.
Covenantee
The covenant-receiver, or owner of the land that benefits from the covenant.
Covenantor
The covenant-maker, or owner of the land that is burdened by the covenant.
Deed
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’.
Dominant Tenement
The land that benefits from an easement.
Easement
A proprietary right which benefits one piece of land to the detriment of another, e.g. a right of way
Freehold Estate
The closest thing to absolute ownership of land in English and Welsh law.
Leasehold/Lease
A transferable right to occupy a property for a certain length of time.
Lessee
The person who has the lease, or Tenant
Lessor
The person letting the property, usually the Landlord.
Licence
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).
Licensee
The party receiving a licence in respect of a licensor’s land.
Licensor
The party giving a licence over his or her land.
Mortgagee
The Lender who receives the benefit of the mortgage as security for a loan given by them, typically a bank/building society.
Mortgagor
The Borrower who gives a mortgage over their land, usually in order to borrow sufficient funds to purchase the property.
Paper Owner
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.
Promissory Estoppel
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.
Proprietary Estoppel
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.
Servient tenement
The land that is burdened by an easement.
LCA 1925
Land Charges Act 1925
LCA 1972
Land Charges Act 1972
LPA 1925
Law of Property Act 1925
LRA 2002
Land Registration Act 2002
LP(MP)A 1989
Law of Property (Miscellaneous Provisions) Act 1989
TA 1925
Trustees Act 1925
TOLATA
Trusts of Land and Appointment of Trustees Act 1996
IA 1986
Insolvency Act 1986
