Land Law Flashcards
complete
Term for property so attached to land it becomes part of it
Fixture
Where does the burden of an easement appear when registered?
As a notice on the charges register of the servient tenement
Term for personal property on land that is not so attached to it that it will be sold with the land
Fitting
What are the two classes of personal property
Choses
- Choses in possession (tangible)
- Choses in action (intangible)
What is the difference between corporeal and incorporeal hereditaments?
Corporeal hereditaments are tangible aspects of land such as trees, ground, and fixtures.
Incorporeal hereditaments are intangible aspects of land such as rights, easements, and rents.
What are the two tests to determine whether an object is a fixture or fitting?
- The degree of annexation (more attached = more likely to be a fixture)
- The purpose of annexation (if intended to be permanent = fixture)
Purpose test prevails in case of conflict with degree of annexation test
The Crown owns all the land in England and Wales.
What do individual landowners hold?
Estates
Under the Law of Property Act 1925, what are the two types of legal estates?
- Freehold estate (‘fee simple absolute in possession’ - indefinite duration)
- Leasehold estate (‘a term of years absolute’ - fixed maximum duration)
Term for rarely-used form of land ownership relating to flats and commercial leases on business parks
Commonhold
Like a leasehold scheme in which a management company covenants to comply with maintenance obligations and provide services
Term for rights that do not confer ownership of land but are rights over land belonging to another
Interests in land
What are the 2 forms of interests in land?
- Legal interests
- Equitable interests
5 categories of legal interests
MERRP
- Mortgage
- Easement
- Rentcharge
- Right of entry
- Profits a prendre
Term for loan against property where lender entitled to certain rights, including right to sell property if borrower defaults on secured loan obligations
Mortgage
Terms for land burdened and land benefitting from easement
- Servient tenement
- Dominant tenement
Term for interest on land requiring periodic landowner payments (right to entry reserved in case of default)
Rentcharges
Paid to rentcharge owner
What are the two types of profit a prendre?
- Profit a prendre in gross - can be traded independently, not attached to land ownership, may be registered at HMLR
- Profit a prendre appurtenant - attached to land like easement, cannot be registered at HMLR
Which type of interest in land is preferable due to being easier to enforce and requiring less protection?
Legal interest
Term for type of mortgage that can still take effect in equity despite defective deed
e.g. not witnessed
Equitable mortgage
Which type of covenant can be enforced against a later landowner?
Restrictive (negative) covenant
Term for multiple legal and equitable interests existing in land at the same time
Concurrent interests
What is required to create and transfer most legal interests in land?
Deed
What are the 4 conditions of a valid deed?
- In writing
- State it is a deed
- Signed by grantor & signature attested by witness
- Delivered (showing intention to be bound e.g. dating or sealing document)
Term in unregistered land system meaning seller must prove they own the estate
The seller must _______ title to the buyer
Deduce
How must a seller of unregistered land prove ownership of freehold?
- Good root of title
- Demonstrate at least 15 years’ unbroken chain of ownership