Meaning Of 'Land' Flashcards
What is a ‘dominant tenement’?
The land whose owner enjoys the benefit of an easement
What is a ‘servant tenement’?
The land which is subject to the exercise of a right by a neighbour
What affect did the Rent Charges Act of 1977 have?
It prohibited the creation of new rent charges
Existing rent charges are to be extinguished 60 years after coming into force
What is a ‘profit a prendre’?
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)
What is a ‘trustee’?
A person who has a nominal or formal documentary interest in the estate and powers of management
What is ‘the term of years absolute’?
A technical name for a leasehold estate
What is a ‘common hold’?
Whereby each flat owner owns the freehold and leasehold title to their property and a commonhold association manages common areas only
What is a ‘conditional fee simple’?
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
What is a ‘determinable fee simple’?
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
What is a ‘life estate’?
A freehold estate that lasts only as long as the life of the owner
What is a ‘fee simple in absolute remainder’?
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’)
What is a ‘proprietary right’?
A right that binds a purchaser of a property.
A right that has the potential to outlast and survive the sale of the land
What is a ‘personal right’?
A right that does not survive the sake of land or bind a purchaser.
Otherwise known as a licence
What is ‘the purpose of annexation test’?
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
What is ‘the degree of annexation test’?
The more attached a thing is to the land the more likely it is to be considered as a fixture.
What are the three 1925 statutes?
The law of property act
The land charges act
The land registration act
What was the affect of the petroleum act 1988?
It stated that oil, gas and petroleum if found are all owned by the crown
What was the affect of the coal industry act 1994?
This was the act by which it was decided that the coal authority owns any coal under land
What are ‘corporeal hereditaments’?
Physical or tangible aspects of land
I.e soil, mines and minerals, buildings etc
What is ‘rectification of documents’?
A remedy of the equitable court whereby documents can be corrected by the application of both parties
What is ‘rescission’?
The equitable court makes a contract void because of misrepresentation, mistake or undue influence
What is a ‘mareva injunction’?
A freezing order
What is an ‘Antonio piller order’?
A search order - a type of injunction
What is an ‘injunction’?
An order to do or not do something
What is ‘specific performance’?
Whereby a court orders a party to a contract to perform his contractual obligations
What is ‘the court of equity’?
Also known as the court of chancery, judgement by way of moral maxims
Designed to temper and mitigate the rigour of the law
What was the affect of the Supreme Court of judicature acts 1873 and 1875?
The acts by which the chancery (equity) and common law courts were combined
What is ‘common law’?
Law that was centralised and universal, administered by travelling justices - law that is the same for all parts of the country
What does ‘in bona vacantia’ mean?
Where a person dies with no kin, land owned by that person reverts to the crown
What are ‘incorporeal hereditaments’?
Non-physical rights over land
I.e a right of way or right to enforce a covenant
What does ‘tenement’ mean?
Land
