Law Flashcards
Property and the Law
What is Criminal Law
Crimes against society as a whole. Prosecuted by the state: to deter and punish. Its Public Law involving damage, loss and/or injury
What is Civil Law
Protects rights and creates obligations between individuals (individuals can be large public corporations, government departments, local authorities etc..)
What does ‘res ipsa loquitur’ mean
The facts speak for themselves
What is legislation
Law made or approved by Parliament
What is an “interest” in land
A ‘right’: ie. Easement or restrictive covenant
What is a mortgagee
The lender
What is a mortgagor
The person who has borrowed
What is a ‘profits à Prendre’
The right to take from another’s land. The natural produce of that land eg. Grass, gravel, mineral etc…
What is restrictive covenants
A right to stop particular land use
What are wayleaves
Rights over property, normally established by contract, regarding utilities or passage of minerals
What is a PCC
Professional Consultant Certificate
What is a leasehold
Exclusive possession/ownership of the estate for a period of time
What are Easements
The right to use or restrict the use of another’s land
What does Fiduciary mean
Trust
What are proprietary rights
Rights bound to a property
What is Adverse Possession
Acquiring the title of another’s estate without compensation, by exclusively occupying it for a certain amount of time. An unlawful occupation of land
What is Judicial precedent
Binding decisions of judges
What are the 4 Civil Law subdivisions
- Law of contract
- Law of tort
- Law relating to property
- Law relating to persons
What is ‘freehold’
Outright ownership of an estate with absolute tenure
What is a quasi easement
A right which would be an easement if the land were NOT in common ownership
What is a ‘testatrix’
A woman who has made a will
What is a testator
Any person who makes a will
What is ‘Fee Simple’
Freehold land in absolute possession not subject to conditions or constraints on a transfer or disposition on death
What is the HGCRA
The Housing Grant, Construction & Regeneration Act 1996