Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Land Law - Underlying > Nature of Land > Flashcards

Nature of Land Flashcards

1
Q

Can individuals own land?

A

No. Individuals own rights in land - most importantly the right to possess and use the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is modern land law the study of?

A

The study of proprietary (or property) rights in the land and the responsibilities and duties in land related relationships

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the main statutes?

A

Law of Property Act 1925 and Land Registration Act 2002.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the damages available for proprietary rights?

A

The holder of the right can recover their right to use or possess the land. They do not have to settle for damages if they are deprived of their right.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The distinction between proprietary and personal rights is important in the context of:

A
  1. The remedy available to someone who is deprived of their right; and
  2. Enforceability of it against a third party
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can a proprietary right be enforced against third parties?

A

Yes, if registered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can personal rights be enforced against third parties?

A

No, personal rights will only bind the original parties to the right.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which rights have a proprietary status?

A
  1. Freehold estate
  2. Leasehold estate
  3. An easement
  4. A mortgage
  5. A restrictive covenant
  6. An estate contract
  7. A beneficial interest in a trust of land.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the steps in determining the status of a right in land?

A
  1. Is the right on the list of recognised proprietary rights in land?
  2. Nature of a right: Does it satisfy any substantive characteristics for the particular proprietary right?
  3. Creation of a right: Has it been created/acquired in accordance with the formalities for the particular right?
  4. If a right is proprietary, is it enforceable against a third party?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the technical name for freehold estate?

A

Fee simple absolute in possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the technical name for a leasehold estate?

A

Terms of years absolute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What happens to a freehold estate if the owner dies with no next of kin or will?

A

The estate reverts to the Crown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

Freehold reversion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is commonhold?

A

A type of freehold.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are interests in land?

A

Proprietary rights with a more limited use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are legal interests over land

A

LPA s1(2):
1. Easements
2. Mortgages
3. Rights of entry - forfeiture clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are equitable interests?

A

Restrictive covenants; estate contracts; interests in a trust of land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is an easement?

A

A proprietary right to use land which belongs to somebody else. An easement must be granted for a term equivalent to one of the legal estates to be a legal easement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is an estate contract?

A

A contractual right to a legal estate, whether freehold or leasehold.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Why is the distinction between legal and equitable interests important?

A

The remedies are different and so is enforcement of these interests.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the three stages of sale of a freehold

A
  1. Exchange of contracts
  2. Completion of the deed
  3. Registration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the requirements of a valid land contract?

A
  1. Must be in writing;
  2. Must contain all the expressly agreed terms; and
  3. It must be signed by both parties.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How does completion occur?

A

By way of deed - a legal estate must be transferred/created by deed.

21
Q

What are the requirements of deed?

A
  1. Deed must be clear on the face of the document that it is intended to be a deed;
  2. The deed must be validly executed; and
  3. The deed must be delivered.
22
Q

What is the standard form for a transfer deed?

A

TR1

23
Q

When does legal title pass if the land being transferred is unregistered land?

A

At completion of deed.

24
Q

When does legal title pass if the land being transferred is registered land?

A

At registration

25
Q

Within how much time must the new owner of unregistered land registered the land before the legal title reverts back to the seller?

A

Two months of completion

26
Q

Can a land contract be varied?

A

Yes but the variation must comply with statutory requirements of being (1) in writing, (2) must contain all the agreed terms, and (3) must be signed by both parties.

27
Q

What interest does one have with an estate contract?

A

Equitable interest

28
Q

Examples of estate contracts?

A

Sale contract, option agreement, a right of pre-emption

29
Q

When will the court recognise an equitable interest?

A
  1. There is a document that complies with LP(MP)A 1989, s.2 AND
  2. The remedy of specific performance is available
30
Q

What are the remedies for breach of a land contract?

A

Common Law Damages; Specific performance and injunctions

31
Q

Which remedies are equitable?

A

SP and injunctions - there is no automatic right to get these remedies unlike damages.

32
Q

What are some disadvantages of the unregistered land system?

A
  1. Difficulty to discover third party interests.
  2. No state guarantee of accuracy.
  3. Difficult to examine title
  4. Conveyancing process may be slower and incur more expensive legal fees.
33
Q

What was the rationale for Land Registration?

A

To simplify the process and cut down costs of conveyancing, while allowing for a complete record of all matters relating to a piece of land.

34
Q

What is compulsory land registration?

A

Each time that unregistered land is sold for the first time since 1/12/1990, it must be registered.

35
Q

What are some trigger events that require land to be registered/ or the register to be updated?

A
  1. Transfer of the freehold estate by sale, gift or court order.
  2. Grant of a lease for a term of more than seven years.
  3. A first legal mortgage of the freehold
36
Q

What are the three principles of registered land?

A
  1. Mirror principle
  2. Curtain principle
  3. Insurance principle
37
Q

What is the mirror principle?

A

The register should reflect all matters that the property has the benefit of and all the matters that the property is subject to.

38
Q

What stops the mirror principle from being fully realised?

A

Overriding interests.

39
Q

What is an overriding interest?

A

An overriding interest is an interest that does not appear on the register but will still be binding on the owner of the legal estate and any buyer of it.

40
Q

What is the insurance principle?

A

The accuracy of the register is guaranteed by the state.

41
Q

What are the three sections on a registered title and what do they contain?

A
  1. Property register - any proprietary rights that benefit the land.
  2. Proprietorship register - details of the legal ownership and any restrictions the owner may have
  3. Charges register - any proprietary rights that burden the land.
42
Q

Classes of title

A
  1. Absolute
  2. Qualified
  3. Good leasehold
  4. Possessory
43
Q

What does failure to register mean?

A

The transaction is not legally recognised.

44
Q

What is not included in the definition of land?

A

Fittings

45
Q

What are corporeal hereditaments?

A

Physical things attached to the land - fixtures.

46
Q

What are incorporeal hereditaments?

A

The benefit of any proprietary rights that the land has but which have no physical substance.

47
Q

What airspace does a landowner have access to?

A

Lower airspace - the portion of airspace which is necessary for the landowner’s ordinary use and enjoyment.

48
Q

What happens if something hangs in your lower airspace?

A

It is a trespass irrespective of whether damage is caused to your property.

49
Q

What is the general rule regarding your right to the ground below?

A

A conveyance of land ordinarily carries with it all that is beneath the surface.

50
Q

What are exceptions to the ground below rule?

A
  1. All mines of gold and silver belong to the Crown; including treasure.
  2. Any coal under land belongs to the Coal authority; and
  3. There is no trespass below 300m and no consent is needed to deep level drill.
51
Q

What is the legal test for fixtures?

A
  1. The degree of annexation test; and
  2. The purpose of annexation test (takes priority)
52
Q

What is the degree of annexation test?

A

The more firmly the object is fixed to the land or building, the more likely it is to be classified as a fixture.

If, on the other hand, it rests on the land by its own weight, it is generally considered to be a chattel.

53
Q

What is the purpose of annexation test?

A

Was the annexation for the more convenient use or enjoyment of the chattel as a chattel, or to enhance the land or building in some way.

If it enhances the land or building in some way, it is a fixture.

54
Q

What form is filled to avoid disputes about whether an item is a fixture or chattel in a transfer?

A

TA10 - Law society fixtures and contents form.

Land Law - Underlying (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions