Land Law Flashcards
Can profit a prendre appurtenant be registered?
Cannot be registered at HMLR with its own title
Can profits a prendre in gross be registered?
Yes - in its own title at HMLR
When does an equitable interest arise?
Where there is an attempt to create a legal interest but deed formalities are not met – equitable interest may arise
What are legal interests in land?
rights over land belonging to another (not ownership rights)
- mortgages
- rentcharges
- easements
- profits a prendre
- right of entry
What are the estates in land?
freehold
leasehold
commonhold
fee simple absolute in possession?
freehold
terms of year absolute?
leasehold
explain:
Profits a prendre in gross
can exist independently of land (unlike easements) hence:
+ profit can be exercised for the personal benefit of the owner
+ can be bought and sold independently
+ not attached to the ownership of any particular piece of land
enables someone to take something from land of another
explain:
Profit a prendre appurtenant
right is attached to a particular piece of land
enables someone to take something from land of another
What are deeds used for? What are the formalities to create a valid deed?
What are contracts used for? What are the formalities to create a ct?
Formalities to create covenants and equitable easements:
Formalities for expressly created beneficial interests under a trust: