land law: key concepts Flashcards
what is crown land?
land owned by the crown
what is tenure?
the different ways in which land can be held
phrase for a leasehold
term of years absolute
phrase for freehold
an estate in fee simple absolute in possession
what are interests?
rights and obligations relating to the land, belonging to the owner or to a third party
what are some examples of rights of common land?
pasturage
pannage
rights in the soil
where can the statutory definition for land be found?
s205(ix) LPA 1925
what does s1 LPA hold?
only estates capable of subsisting at law
what does s2 LPA hold?
the only interest or charges in or over land which are capable of subsisting at law
what does s3 LPA hold?
all other estates, interests and charges in or over land capable of taking effect as equitable interests
what are some examples of legal interests?
easements - third party has a right to use your land in a certain way
rentcharges- sum of money paid by the freeholder to another who usually doesn’t have an interest in the land, but to fulfil a covenant between the 2 parties
mortgage- a loan for the purchase of the freehold estate/ property
rights of entry- a right of a third party to access the property
what does s52 LPA hold?
the formalities that need to be complied with for conveyances to be by deed - essentially states how all conveyances of land or interest is void to make a legal estate unless made by deed
what does s1 LP(MP) A 1989 hold?
states how to be a deed, it must a. make clear on its face that it is intended to be a deed and b. be validly executed as a deed
where are the requirements for a validly executed deed?
S1(3) LP(MP)A 1989
signed witnessed and delivered
what must any interest be?
created by writing
signed
and delivered
