land law week 2 Flashcards
english property law tends to do what between personal rights and property rights
draw a distinction
if eva is invited onto maes lannd what right does eva have
a personal right
what is an example of a personal right
buying a cinema ticket
property rights are -
universal
exludability
transferrable/alienable
what does the property right being universal mean
they can be enforced against everybody
what does the property right having excludability mean
the owner of property rights generally has a right to exclude others from using the thing
what does a property right being transferrable/alienable mean
can be transferred
what are proprietary rights
same thing as property rights
what do we need to think of property rights as
relative - need to consider one persons rights in a thing in relation or in proportionn to another persons property rights in that thing
what is section 205, law of property act
possession includes the right to receive payment of rent
can property rights be divided amongst different people
yes, different property rights can exist simultaneously in relation to the same plot of lannd
when someone says they own a thing, what are they claiming to have
property rights in that thing
a person who owns real property owns what
property rights in land
personal property refers to what
everything other than land
what do we own when we own land pt 1
property rights that give immeditate use and enjoyment of land
what do we own when we own land pt 2
property rights that give a person rights over another persons land
people who say they own land usually actually own what
an estate in land
owning some property rights entitles the owner to what
the immediate use and enjoyment of a piece of land
what are the two types of estates that matter
a fee simple absolute in possession
a lease
what is a fee simple absolute in possession
a type of estate that a person can own
how long can a fee simple absolute in possession last
theorhetically forever
what is a lease
gives a person a right to use and enjoy that land for as long as the lease continues
what does the owner of an estate in land have the right to do
possession of the land
excluded anyone from the land who does not have the right to be there
transfer or alienate ownership of the land
grant other property rights in the land
what is joint ownership of an estate in land
common for people to jointly own an estate in land
each co owner can have the same property rights in the land
what are third party property rights
property rights that give rights over another persons land
what is the property right in this scenario
malcom will only sell his land if nancy agrees not to extend 10 wivenhoe drive
restrictive covenant
what is an easement
a right that entitles one landowner to use anothers land in a specific way
enforceability of property rights in land
different people can hold different property rights in relation to the same plot of land
property rights are not only binding between the people who created the rights
property rights can bind successive owners of land
what must most property rights be created using
a deed - a written document that must be signed and witnessed
where must most property rights in land be registered
land registry
what did lord upjohn say in relation to maximising the exchange value of land
it has been the policy of the law for over an hundred years to simplify and facilitate transactions in real property - 1965
