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Land Law > Nature of land > Flashcards

Nature of land Flashcards

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1
Q

How does english law distinguish property?

A
  • real property: land
  • personal property: everything else
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2
Q

What did the Norman Conquest in 1066 establish?

A

All land belongs to the crown as sovereign

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3
Q

What is a third party in the context of land law?

A

New owner of land burdened by a right

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4
Q

How can proprietary rights be enforced?

A

Action in rem (use/possession can be recovered)

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5
Q

How are personal rights enforced?

A

Personal action for damages

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6
Q

What are the fixed rights with proprietary status?

A
  • Freehold estate
  • Leasehold estate
  • Easement
  • Mortgage
  • Restrictive covenant
  • Estate contract
  • Beneficial interest in a trust of land
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7
Q

Are all rights with proprietary status proprietary rights?

A

No

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8
Q

How do you determine whether a right is proprietary?

A
  • substantive characteristics
  • formalities
  • registration
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9
Q

What is an estate in land?

A

Proprietary right of possession
Freehold or leasehold

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10
Q

How long does freehold interest last?

A

Until the owner dies without blood relatives or having disposed of it by Will

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11
Q

What is the residue of an estate after granting a lease called?

A

Freehold reversion (or leasehold reversion)

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12
Q

Can interests be enforced against third parties?

A

Yes

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13
Q

What is an interest?

A

Gives holder a right to something on the land or restrict what can be done

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14
Q

Which interests are defined as legal interests under s1 LPA 1925?

A
  • Mortgages
  • Easements for term equivalent to freehold/leasehold estate
  • Rights of entry
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15
Q

Which interests are defined as equitable interests under s1 LPA 1925?

A
  • Freehold covenants
  • Estate contracts
  • Interests in a trust of land
  • Easements for uncertain term
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16
Q

What is a mortgage?

A

Loan of cash secured by rights granted over property

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17
Q

What is an easement?

A

Proprietary right to use land belonging to someone else

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18
Q

What is a right of entry also known as with regards to leases?

A

Forfeiture

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19
Q

What is an estate contract?

A

A contractual right to a legal estate

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20
Q

What type of interest in the land does a beneficiary of a trust of land have?

A

Equitable

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21
Q

Which type of interest has damages available as of right?

A

Legal

22
Q

What are the ways in which freehold can be transferred?

A
  • sale
  • will
  • gift
  • operation of law
23
Q

What is the conveyancing process?

A
  1. exchange
  2. completion
  3. registration
24
Q

What is the effect of exchange of contracts?

A

Parties become legally committed to buy/sell the land

25
Q

What are the formalities for exchange of contracts?

A
  • In writing
  • Contain all expressly agreed terms
  • Signed by both parties
26
Q

What are the formalities for completion?

A
  • Clear on the face that it is intended to be a deed
  • Validly executed: signed by seller in presence of witness
  • Delivered: dating document
27
Q

What are the formalities for executing a transfer deed if the seller is a company?

A
  • Two directors and witness
  • One director and company seal and witness
  • Affixing common seal of company
28
Q

When does legal title transfer for registered land?

A

When registered at land registry

29
Q

When does legal title transfer for unregistered land?

A

Completion of deed

30
Q

What must happen after legal title is transferred for unregistered land?

A

Must register at land registry within 2 months otherwise reverts back to seller

31
Q

Can land contracts be varied?

A

Yes if complies with s2 formalities

32
Q

What is the effect of a land contract?

A

Passes equitable interest to buyer

33
Q

What are examples of estate contracts which create a contractual right to a legal estate?

A
  • Contract to buy land
  • Contract for lease
  • Option agreement
  • Right of pre-emption
34
Q

What is an option agreement?

A

gives a party a right, during an option period, to serve notice that they wish to buy the land

35
Q

What is a right of pre-emption?

A

Gives party right of first refusal if owner decides to sell

36
Q

If parties try to create a legal interest or estate but fail to do so, when will the court recognise an equitable interest in the land?

A
  • There is a document complying with s2 and
  • Remedy of specific performance is available
37
Q

What are the remedies for breach of a land contract?

A
  • Damages
  • Specific performance
  • Injunction
38
Q

Which land contract remedies are discretionary?

A

specific performance and injunction

39
Q

What are the triggering events for compulsory registration?

A
  • sale, gift or court order transfer of freehold
  • Grant of lease more tha 7 years
  • assignment of lease more than 7 years to run
  • first legal mortgage
40
Q

What are the principles of land registration?

A
  • mirror principle
  • curtain principle
  • insurance principle
41
Q

What is the mirror principle?

A

Register reflects all matters property benefits from/subject to

42
Q

What is the curtain principle?

A

Register shows legal title not equitable title

43
Q

What is the insurance principle?

A

Accuracy is guaranteed by the state

44
Q

What does the property register in the register of title show?

A
  • Description of land
  • Freehold or leasehold
  • Right that benefit the land
45
Q

What does the proprietorship register in the register of title show?

A
  • Proprietor’s name and address
  • Restrictions on dealing
  • Class of title
46
Q

Where are burdens/leases noted on the title register?

A

Charges register

47
Q

For transactions which are required to be registered at the land registry, what is the effect if they are not registered?

A

Not legally recognised

48
Q

What is included in the statutory definition of land?

A
  • surface
  • buildings/parts of
  • fixtures
  • proprietary rights
49
Q

How much airspace will a landowner own?

A

Height necessary for ordinary use and enjoyment of the land

50
Q

What will a landowner not own beneath the ground?

A
  • gold and silver
  • treasure
  • coal
  • below 300m
51
Q

What is the test for whether an object is a chattel or a fixture?

A
  1. Degree of annexation
  2. Purpose of annexation
52
Q

Are fixtures included in a sale?

A

Fixtures automatically included unless specifically excluded in sale contract

Land Law (9 decks)

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