Land, Planning & Environmental Law

Question 1

What does Incorporeal Hereditament mean.

Answer 1

Rights over other peoples land and their rights over yours.

Question 2

Having an estate is split into what two categories.

Answer 2

Freehold Tenancy

Question 3

What are the five most common types of easements

Answer 3

Right of way Right to light (not to block or obscure) Right to a view (not to block or obscure) Right to support a building Right to take water

Question 4

What are the two types of Covenant.

Answer 4

Positive covenant – agreement to do something, such as to maintain a property in a fully repaired state. Restrictive covenant –to refrain from doing something, such as an agreement not to play music after 9pm

Question 5

Landownership can be explained using the acronym of what

Answer 5

MAGPIE

Question 6

What are the four main reasons that makes land so unusual in Law

Answer 6

It’s indestructible. More than one person can have an interest in it. Special legal status - infant can’t own land for eg. Ownership doesn’t give you the same right as owner other assets.

Question 7

The phrase de profundus ad astra refers to what.

Answer 7

Land ownership - “Everything to the stars”

Question 8

What are the two most common examples of Incorporeal Hereditaments

Answer 8

Public footpath that passes through a garden Drainage pipes that link your home to the main sewer that pass under a neighbours garden.

Question 9

What does an Easement mean

Answer 9

The right to use the land of another, or, to restrict another in how they use their land.

Question 10

The acronym of MAGPIE stands for what

Answer 10

M - minerals (under the surface) A - airspace (above the surface) G - ground (surface itself) P - plants (vegetation on surface) I - incorporeal hereditaments (easement & Covenants) E - erections (builds and structures on surface)

Question 11

A right to occupy the land, but not a true tenancy, creates what

Answer 11

A license.

Question 12

What does the law of Nuisance involve

Answer 12

Means for individuals to seek redress for any environmental impact to their land.

Question 13

What does section 94 refer to in planning permission.

Answer 13

Finishing the development within a certain time period.

Question 14

Owning a piece of land is referred to in what terminology.

Answer 14

Estate

Question 15

What does a Covenant entail

Answer 15

An agreement made by deed that binds the land.

Question 16

What are the two main types of Incorporeal Hereditament

Answer 16

Easements Covenants

Question 17

What are the three main types of interest in an estate

Answer 17

Easement Restrictive Covenant Mortgage

Question 18

A term of years absolute is more commonly know as

Answer 18

Leasehold

Question 19

What does section 91 refer to in planning permission.

Answer 19

Starting the development from the permission being granted within a certain time frame (either 3 or 5 years)

Question 20

What does section 97 refer to in planning permission.

Answer 20

The local authority has powers to modify or revoke planning permission.

Question 21

A fee simple absolute in possession is commonly referred to as

Answer 21

Freehold

Question 22

What are the four main points of the ‘Law of Property Act 1925’

Answer 22

A central registry was set up of every transaction and was/is publicly available. Created two types of estates - freehold -leasehold No local variations allowed. Land rights of non owners had to be registered to be binding.