land Flashcards
1
Q
who owns all physical land in the country?
A
the crown.
2
Q
what are the two recognised legal estates?
A
- freehold
- leasehold.
3
Q
what is the residue of the estate after the granting of a lease?
A
the freehold reversion.
4
Q
what is commonhold?
A
It is a type of freehold, an alternative to a long lease. there is a freehold owner, and each owner of the flat/home is part of the commonhold association.
5
Q
how do we determine if a right in land is proprietary or personal?
A
- intention of the parties
- nature of the right
- legal framework
- court precedents.
6
Q
what is an easement?
A
a proprietary right to use land which belongs to somebody else.
7
Q
what is a right of entry/forfeiture Clause?
A
- a right for a landlord to re-enter leased premises and end the leasehold estate in the event of tenant default etc
8
Q
what is a restrictive covenant?
A
negative in nature, they prevent a land owner from doing something on their land.