Land Law Flashcards
Law of Property Act
1925
Raft of legislation between 1922 and 1925
Land Registration Act (LRA 2002)
Freehold Estate
Can last indefinitely - in perpetuity
Leasehold Estate
Which is for a fixed length of time
Real property
Immovable property such as land and things attached to the land. Real property also includes all interests in property
Personal property
Is split into a further 2 categories -
1) Choses in Possession
2) Choses in Action
Choses in possession
Chattels and other tangible, moveable pieces or personal property, eg glass of wine, a car, a book or phone
Choses in Action
Intangible pieces of property eg right to sue, debts, intellectual property suck as copyright, stocks and shares
Realty has two subgroups:
1) Corporeal hereditaments
2) incorporeal hereditaments
Hereditaments - is any kind of property capable of being inherited
Corporeal hereditaments
Denotes the physical or tangible aspects of land, the soil, buildings, freehold land, trees, crops, minerals etc
Incorporeal hereditaments
Denotes rights over land that are non-physical or intangible, such as rights of way, or the right to prevent yoir neighbour from turning his house into a fish and chip shop, leases, mortgages etc
Defininition of land in Law of Property Act 2005
Coal
Coal under the land of the owner is owned by the Coal Authority - Coal Industry Act 1994
Oil, gas and petroleum
Owned by the Crown under the Perroleum Act 1988
Gold and silver
Crown rights originally established by commin law