LAND LAW Flashcards
LAND?
buildings must be “permanent.” Land includes the ground, anything growing in or under the land, earth beneath the surface and permanent additions eg buildings.
RIGHTS OF LAND
- occupation
- lease to others
- buy/sell
- use as security to borrow money
DIMENSIONS OF LAND - PHYSICAL
aspects of land you can see + perceive. Possession is about the physical reality
DIMENSIONS OF LAND - ABSTRACT
aspects of land you can’t see, rights over land, how long does your rights last? can it be sold/transferred?
POSSESSION OF LAND
whoever is in possession of land is entitled to land
OWNER
best title to land, freehold/leasehold title occupation, right to possession
TYPES OF LAND - BELOW THE GROUND
all minerals contained in land; items buried
TYPES OF LAND BELOW THE GROUND - ELWES V BRIGGS GAS CO
boat 6ft under
TYPES OF LAND - BELOW THE GROUND EXCEPTION
“treasure trove” S1 TREASURE ACT 1996
TYPES OF LAND - ON THE GROUND
landowner can lose claim if he acts in a way suggesting he’s given up control
TYPES OF LAND - ON THE GROUND, PARKER V BRITISH AIRWAYS BOARD
gold bracelet in passenger lounge, its public area SO no claim.
TYPES OF LAND - ABOVE THE GROUND
physical incursion into airspace over a persons land is capable of trespassing. KELSON V IMPERIAL TOBACCO CO
(subject to statutory restrictions eg S76 OF THE CIVIL AVIATION ACT 1982)
TYPES OF LAND - WATER
can’t own free flowing water, riverbed is land. Individual may have right to USE water.
WILD ANIMALS
don’t belong to anyone, landowner has permission to kill them them on his property. Landowner kills animal belongs to owner now.
REAL PROPERTY
estates and interests in land
PERSONAL PROPERTY
everything else
CHATTELS REAL
leases
CHATTELS PERSONAL
chose in possession (tangible property) or chose in action (intangible property)
ESTATES
“the right to possession of land for a time”
FREEHOLD ESTATE
right to possession of property forever
LEASEHOLD ESTATE
possession to property for a defined time
INTERESTS
“rights we are able to enjoy over the estate of another.” DONT equal a right to possession.
S1(1) LPA 1925
limits number of legal estates to two
S1(2) LPA 1925
limits number of legal interests to five
LEGAL ESTATES - FREEHOLD
“fee simple” can use land forever and can leave it to whoever they wish in their will
LEGAL ESTATES - LEASEHOLD
“term of years” tenant has right to possess the property for duration of the lease
LEGAL INTERESTS
1) mortgage
2) easement
3) right of re-entry
4) rent charge
5) profit and prendre
EQUITABLE ESTATES AND INTERESTS
1) beneficial interest under a trust
2) estate contracts
3) estoppel claims
4) restrictive covenants
5) family rights of occupation
EQUITABLE INTERESTS
can attach to land , can’t change legal position but can ensure different outcome is achieved.
EQUITY
number of remedies, discretionary at courts approval
UNREGISTERED LAND
describes land whose legal estate is not registered on a central register with the land enquiry. Only estates before 1.12.1990
CATEGORIES OF THE LAND CHARGES ACT 1972
- any equitable rights that can be protected by registration has to fit inti a category otherwise its not protected. If its not protected, purchasers can ignore the interest and assert their legal rights
CATEGORIES OF LAND CHARGES ACT 1972: CLASS C (1) S2(4) LCA 1972
Puisne Mortgage = mortgage which is not protected by deposit of deeds. This is the only legal interest that needs to be protected using a land charge
CATEGORIES OF LAND CHARGES ACT 1972: CLASS C (IV) S2(4) LCA 1972
Estate Contracts = any contract to create or convey a legal estate, eg freehold
CATEGORIES OF THE LAND CHARGES ACT 1972: CLASS D (II) S2(5) LCA 1972
Restrictive covenants = registered by the person who has benefit of covenant
CATEGORIES OF THE LAND CHARGES ACT 1972: CLASS D (III) S2(5) LCA 1972
Equitable easement = an equitable easement might arise if not created by deed or if granted for an uncertain time period. This class is used for equitable profits
CATEGORIES OF THE LAND CHARGES ACT 1972: CLASS F S2(7) LCA 1972
Spousal rights of occupation - family act 1996 provides rights of occupation for a husband or wife in respect of matrimonial home.
THE REGISTER: REGISTER OF THE TITLE: THE PROPRIETORY REGISTER
tells you who you are buying from and on what terms
THE CHARGES REGISTER
tells you all the negatives about the property
THE PROPERTY REGISTER
tells you all the good stuff you are getting
