Legal estates and legal interests Flashcards
What principle is illustrated by Hill v Tupper (1863)?
The law restricts the creation of new types of property rights, emphasising the importance of formalities in property transactions.
What is the numerus clausus principle in property law?
Indicates that the list of property rights is closed; private individuals cannot create new types of property rights, which are typically established through legislative action or judicial decision. (limitation for the number of rights courts will recognise as proprietary)
Which cases(2) support the numerus clausus principle in English law?
Keppell v Bailey(could not bind third parties through a license= not a right against the world= personal right)
and Hill v Tupper(right= not connected with the land - right to have the sole and exclusive use of land covered by water was not an established right in law)
=a restrictive approach to recognising new property rights.
What does the Law of Property Act 1925 outline regarding property rights?
The only estates in land (freehold and leasehold) and interests (such as easements, rentcharges, and legal mortgages) recognised under law.
How do Moncrieff v Jamieson and Regency Villas v Diamond Resorts contribute to property law?
They illustrate how courts can interpret existing property rights, like easements, to include modern needs such as parking or use of recreational facilities.
What is a Fee Simple Absolute?
The most complete form of ownership, subject to few restrictions and capable of lasting indefinitely.
What defines a Term of Years Absolute (Leasehold Estate)?
A temporary right to exclusive possession, with the duration of the term needing to be certain at the outset.
What criticism is directed towards the requirement for certainty in the term of years for leasehold estates? (Which two cases exemplify this?)
(Who recognised that there was - no practical justification for the rule - but it must remain nonetheless due to ‘weight of the precedent’)?
It’s criticised as outdated and unnecessarily restrictive, as highlighted in: (indeterminate grants of land = void)
Prudential Assurance v London Residuary Body =
(Clarified that Periodic tenancies are saved from being of indeterminate duration because both parties can terminate the agreement on notice expiring at the end of each period. The landlord could, therefore, terminate the lease by giving notice.)
Berrisford v Mexfield Housing Association. (lease created a life tenancy in common law which pursuant to s149(6) LPA 1925 amounted to a 90 year lease
=could not void a month to month rent as indeterminate)
C; Lord Neuberger recognised that= ‘no practical justification for the rule.’
What are legal interests according to s.1(2) of the Law of Property Act 1925?
Legal interests do not confer exclusive possession but are recognised property rights, such as easements and legal mortgages.
What topics are outlined in this area of property law? (Which authors can you refer to?)
The nuances of property rights, the numerus clausus principle, and debates surrounding the recognition and expansion of property rights in English law.
(Bernard Rudden and Peter Birks offer critical insights, while recent critiques and proposed reforms suggest ongoing evolution in these principles.)
