Land Law - Key Terminology Flashcards
Assent
Legal title owned by someone has died is transferred to the appropriate beneficiary by the personal representatives of the deceased
Assignee
- This is the party to whom a right is transferred from another. In
a leasehold context, the assignee is the party who acquires a
leasehold estate from the existing tenant.
Assignor
- This is the party who transfers a right to another. In a leasehold
context, the assignor is the party who is the existing tenant
who transfers their leasehold estate to the incoming tenant.
Chattels
An item of property other than freehold land. Used today to
describe those moveable items or personal property which will
be left at a property when it is sold.
HM Land Registry
HMLR - where you register property etc
Mortgage
Legal charge granted to a lender by a landowner in return for the loan of the money. The land acts as security for the loan and the borrower can re-posses the land if they fail to pay
Mortgagor
Borrower
Mortgagee
Lender
Term which describes the relationship that exists when two persons have a relationship of landlord and tenant between them.
Privity of estate
Privity of contract
This describes the general principle of contract law that only
the parties to the contract can enforce its terms for the entire
duration of the contract.
How does a landowner prove they have ownership with unregistered land?
Epitome of title - a seller must produce an unbroken chain of
documentary evidence of title to land starting with a document
which is at least 15 years old.
Real property
land, or an interest in land, and is immovable. When an owner of real property is dispossessed, they have a right to recover it
Personal property
everything that is not land and is divided into two categories:
* movable items, such as a table or a washing machine (also known as chattels). These are
tangible objects and are known as “choses in possession”, and
* intangible rights (that do not relate to land), which do not physically exist and which can
only be realised by court action. For example, debts, stocks, shares, patents and
copyrights. These are known as “choses in action”.
Personal property is only subject to
Personal action against the person who has dispossessed the owner of the property, not against the property itself.
What is it called when property becomes attached to the land that it becomes part of the land?
Fixture
