Land law

Question 1

freehold estate

Answer 1

ownership is potentially forever (fee simple absolute in possession).

Question 2

Leasehold estate

Answer 2

ownership is for a fixed period but can also be less than a year (term of years absolute).

Question 3

Easement

Answer 3

A right which the owner of land ‘x’ enjoys over land ‘y’ for the benefit of land ‘x’

Question 4

restrictive covenants

Answer 4

promising by deed to use the land for a specific purpose only, or promising (by deed) not to use it for a specific purpose.

Question 5

A mortgage

Answer 5

borrowing money from the bank and promising to repay- if you fail to repay, the bank can sell the house to recover its money

Question 6

Home rights

Answer 6

FLA 1996 prevents partner selling the property behind your back- gives the partner the right to occupy the marital home.

Question 7

estate contract

Answer 7

a contract to create or transfer a legal estate that are called estate contract.

Question 8

An-option

Answer 8

Ali promises to sell her estate to ed if he wants to buy it in the next 10 years but ed can refuse if he doesn’t want to buy.

Question 9

a right of pre-emption

Answer 9

a right of first refusal- Ali promises that if she decides to sell her legal estate within the next 10 years, then she will offer it to ed first- so she doesn’t have to sell but if she decides to sell in the next 10 years then she must offer it to ed first.

Question 10

enforceable proprietary right

Answer 10

capable of binding a new owner of the land

Question 11

transferrable proprietary right

Answer 11

capable of being transferred to another person

Question 12

personal rights

Answer 12

enforceable against a specific person (rights in personam) (e.g. rights to enjoyment, rights to use, rights to possession etc)

Question 13

proprietary rights

Answer 13

rights in the property and enforceable against anyone who owns the property (e.g. rights to enjoyment, rights to income, right to transfer etc).