Meaning Of 'Land'

Question 1

What is a ‘dominant tenement’?

Answer 1

The land whose owner enjoys the benefit of an easement

Question 2

What is a ‘servant tenement’?

Answer 2

The land which is subject to the exercise of a right by a neighbour

Question 3

What affect did the Rent Charges Act of 1977 have?

Answer 3

It prohibited the creation of new rent charges

Existing rent charges are to be extinguished 60 years after coming into force

Question 4

What is a ‘profit a prendre’?

Answer 4

A right to take something from land owned by someone else, regardless of whether you own land yourself.

(I.e fish, hay, gravel, right to graze animals etc)

Question 5

What is a ‘trustee’?

Answer 5

A person who has a nominal or formal documentary interest in the estate and powers of management

Question 6

What is ‘the term of years absolute’?

Answer 6

A technical name for a leasehold estate

Question 7

What is a ‘common hold’?

Answer 7

Whereby each flat owner owns the freehold and leasehold title to their property and a commonhold association manages common areas only

Question 8

What is a ‘conditional fee simple’?

Answer 8

An estate granted subject to a right of entry

I.e blueberry cottage is owned by Rhonda on the condition that she doesn’t become a dog groomer

Question 9

What is a ‘determinable fee simple’?

Answer 9

An estate that comes to an end on the happening of an event

I.e Jeremy can live at farm cottage while he works at the farm

Question 10

What is a ‘life estate’?

Answer 10

A freehold estate that lasts only as long as the life of the owner

Question 11

What is a ‘fee simple in absolute remainder’?

Answer 11

A fee simple estate that cannot be used now but is to be used in the future

(I.e Charles wills that Denis will have toadstool farm for the remainder of his life with land passing to darius on Denis death (darius is the ‘remainder man’)

Question 12

What is a ‘proprietary right’?

Answer 12

A right that binds a purchaser of a property.

A right that has the potential to outlast and survive the sale of the land

Question 13

What is a ‘personal right’?

Answer 13

A right that does not survive the sake of land or bind a purchaser.

Otherwise known as a licence

Question 14

What is ‘the purpose of annexation test’?

Answer 14

Focus on whether a thing was affixed to be better enjoyed vs whether the purpose of bringing the thing onto the land was to increase the value of the land

Question 15

What is ‘the degree of annexation test’?

Answer 15

The more attached a thing is to the land the more likely it is to be considered as a fixture.

Question 16

What are the three 1925 statutes?

Answer 16

The law of property act

The land charges act

The land registration act

Question 17

What was the affect of the petroleum act 1988?

Answer 17

It stated that oil, gas and petroleum if found are all owned by the crown

Question 18

What was the affect of the coal industry act 1994?

Answer 18

This was the act by which it was decided that the coal authority owns any coal under land

Question 19

What are ‘corporeal hereditaments’?

Answer 19

Physical or tangible aspects of land

I.e soil, mines and minerals, buildings etc

Question 20

What is ‘rectification of documents’?

Answer 20

A remedy of the equitable court whereby documents can be corrected by the application of both parties

Question 21

What is ‘rescission’?

Answer 21

The equitable court makes a contract void because of misrepresentation, mistake or undue influence

Question 22

What is a ‘mareva injunction’?

Answer 22

A freezing order

Question 23

What is an ‘Antonio piller order’?

Answer 23

A search order - a type of injunction

Question 24

What is an ‘injunction’?

Answer 24

An order to do or not do something

Question 25

What is ‘specific performance’?

Answer 25

Whereby a court orders a party to a contract to perform his contractual obligations

Question 26

What is ‘the court of equity’?

Answer 26

Also known as the court of chancery, judgement by way of moral maxims

Designed to temper and mitigate the rigour of the law

Question 27

What was the affect of the Supreme Court of judicature acts 1873 and 1875?

Answer 27

The acts by which the chancery (equity) and common law courts were combined

Question 28

What is ‘common law’?

Answer 28

Law that was centralised and universal, administered by travelling justices - law that is the same for all parts of the country

Question 29

What does ‘in bona vacantia’ mean?

Answer 29

Where a person dies with no kin, land owned by that person reverts to the crown

Question 30

What are ‘incorporeal hereditaments’?

Answer 30

Non-physical rights over land

I.e a right of way or right to enforce a covenant

Question 31

What does ‘tenement’ mean?

Answer 31

Land