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Nature of Land Flashcards

1
Q

Difference between proprietary and personal rights

A
  • remedies
  • enforceability
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2
Q

What does it mean that proprietary rights can enforced by an action in rem?

A
  • Enforceable against 3rd parties.
  • Possession of land can be recovered
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3
Q

What does it mean that personal rights can enforced by an action in personam?

A

Not enforceable against 3rd parties, only the original parties to the right.

Can only bring personal action for damages if breached

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4
Q

List of proprietary rights

A
  • freehold estate
  • leasehold estate
  • easement
  • mortgage
  • restrictive covenant
  • estate contract
  • beneficial interest in a trust of land
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5
Q

Determining status of a right

A

1) On the fixed list of proprietary rights
2) Characteristics
3) Formalities for creation
4) Registration

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6
Q

Characteristics of Freehold Estate

A
  • can be inherited
  • physical possession not necessary
  • duration is uncertain
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7
Q

other name for freehold estate

A

fee simple absolute in possession

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8
Q

Characteristics of Leasehold Estate

A
  • certain duration
  • when lease ends, the right to physical possession automatically reverts to the landlord
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9
Q

Freehold reversion

A

when lease ends, the right to physical possession automatically reverts to the landlord

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10
Q

Leasehold reversion

A

when sub-lease ends, the right to physical possession automatically reverts to the landlord

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11
Q

Commonhold

A
  • rare type of freehold estate
  • Commonhold Association is owner and owner of each flat is a member of the Association
  • Association is responsible for maintaining communal areas
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12
Q

Other names for interests

A

burdens & incumbrances

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13
Q

Legal proprietary Interests examples

A
  • easements granted for specific term
  • legal mortgage
  • rights of entry
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14
Q

Equitable proprietary interests examples

A
  • freehold covenants
  • estate contracts
  • interests in a trust of land
  • easements granted for an uncertain term
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15
Q

What is a mortgage

A

A bundle of rights granted over a property in exchange for a loan of money
Mortgagor has right to possess and sell land in the event of default on mortgage payments

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16
Q

Examples of easements

A
  • rights of way
  • drainage
  • storage
  • parking
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17
Q

Right of entry

A

right for landlord to re-enter leased premises and end leasehold estate in event of default/ specific event

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18
Q

another name for right of entry

A

forfeiture clause

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19
Q

Rentcharge

A

rare legal right to receive periodic sum paid by the owner of the land

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20
Q

what is a covenant

A

a promise

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21
Q

Restrictive covenant

A
  • equitable interest
  • prevents landowner from doing something on their land
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22
Q

Estate contract

A

contractual right to legal estate

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23
Q

Specific performance

A

Equity will order specific performance of a contract to create or transfer a legal estate. must have clean hands.

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24
Q

how are legal and equitable rights allocated in a trust of land

A

Trustee holds legal title
Beneficiary holds equitable title

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25
Does legal interest holder have a right to damages for breaches?
Yes and court has no discretion to assess merits of case
26
Does legal interest holder have a right to damages for breaches?
No, not entitled to damages but they may get damages at court's discretion
27
Methods of transferring freehold estate
- sale - gift - will - operation of law (death/ bankruptcy)
28
Legal formalities for transfer of freehold estate
- Deed - Registration of deed at Land Registry
29
Formalities requirements for deeds
- clear intended to be a deed - validly executed = by seller, in presence of witness, both sign - delivered (dated)
30
Formalities requirements for land contracts
- in writing - contains all terms - signed by both parties
31
what is completion?
when deed is entered into by parties
32
is contact legally required to transfer land?
No, only deed and registration are
33
at what stage is the buyer the new owner of registered land?
when registration of transfer occurs
34
at what stage is the buyer the new owner of unregistered land?
on completion of deed. the sale then triggers a legal requirement to register the land for the first time at LR, within 2 months of completion or else legal title will revert to seller
35
Is there a legal requirement for buyer to sign the deed?
No, just the seller and witness
36
How can material terms of land contracts be varied?
Must comply with requirements for land contracts, cannot be varied orally
37
what is effect of binding land contract?
grants an equitable interest to buyer
38
Types of land contract
- sale contract - option agreement - right of pre-emption
39
option agreement
estate contract that gives party a right to serve notice that they wish to buy the land during option period.
40
what can a failed attempt to create a valid deed result in
the creation of a land contract (equitable right)
41
how can estate contracts be binding on 3rd parties?
they must be protected
42
Remedies for breach of land contract
1) Damages as of right 2) Specific performance
43
Transactions triggering compulsory registration
- sale - mortgage - gift - assent - death - lease of > 7yrs
44
3 principles of registration
1) Mirror principle 2) Curtain principle 3) Insurance principle
45
what are overriding interests?
interests that do not appear on the Register but will still be binding on landowner and any buyer
46
Classes of title on the Proprietorship Register
1) Absolute 2) Qualified 3) Good Leasehold 4) Posessory
47
Absolute title on Proprietorship Register
Best and most common. Land is only bound by interests registered on the title or overriding interests
48
Qualified title on the Proprietorship Register
title has some specified defect
49
Good leasehold on the Proprietorship Register
LR is only satisfied about the title of the leaseholder, not the freeholder
50
Possessory title on the Proprietorship Register
No title deeds to prove ownership
51
Charges Register
Contains details of any burdens on the land
52
Property Register
Description of property, nature of estate and proprietary rights
53
Proprietorship Register
Details of owner of legal estate, class of title and any restrictions on owner(s) rights
54
Corporeal herediments
Fixtures (anything physically attached to the land)
55
Incorporeal herediments
Proprietary rights (intangible benefits)
56
Upper airspace
Too high above land so no trespass occurs here
57
Lower airspace
Necessary for landowner's ordinary use & enjoyment (trespass can occur)
58
Ground below land
Conveyance of land carries with it all that is beneath the surface
59
Exceptions to ground below
- coal - minerals - treasure - no trespass can occur below 300m
60
Fixtures
part of the land
61
Chattel
not part of the land
62
Legal test for whether something is a fixture or fitting
1) Degree of annexation 2) Purpose of annexation
63
which limb of the legal test for fixtures/ fittings is more important
The purpose of annexation is the most important limb of the text
64
Are licenses proprietary rights?
No
65
Option agreement
a right to serve notice that you want to buy the land during the option period in the event the seller decides to sell their land
66
Right of pre-emption
a right of first refusal in the event the seller decides to sell their land
67

Land Law (1 decks)

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