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Land Law > Nature Of Land > Flashcards

Nature Of Land Flashcards

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1
Q

What is the distinction between proprietary and personal rights?

A

The distinction is important for the remedy available to someone deprived of their right and the enforceability against third parties.

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2
Q

What is a proprietary right in land?

A

A proprietary right can be enforced by an action in rem, allowing recovery of use or possession of the land.

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3
Q

What is a personal right in land?

A

A personal right can only be enforced by a personal action for damages and does not allow recovery of use or occupation.

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4
Q

What are the rights that have proprietary status?

A

The rights include: freehold estate, leasehold estate, easement, mortgage, restrictive covenant, estate contract, and beneficial interest in a trust of land.

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5
Q

What must a right satisfy to have proprietary status?

A

A right must be on the fixed list of rights, comply with substantive requirements, and comply with formalities for creation.

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6
Q

What is an estate in land?

A

A proprietary right of possession is called an estate in land.

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7
Q

What are the two recognized legal estates?

A

The two recognized legal estates are the freehold and the leasehold.

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8
Q

What is the highest possible estate in land?

A

The highest possible estate is the fee simple absolute in possession, commonly referred to as the freehold estate.

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9
Q

What is a leasehold estate?

A

A leasehold estate is a term of years absolute granted by a freehold owner.

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10
Q

What is commonhold?

A

Commonhold is a type of freehold created for interdependent property owners, where a commonhold association maintains communal areas.

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11
Q

What are interests in land?

A

Interests in land are proprietary rights of limited use, giving the holder the right to do something on the land or restrict actions.

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12
Q

What are legal and equitable interests?

A

Legal interests include mortgages, easements, and rights of entry, while equitable interests include freehold covenants and estate contracts.

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13
Q

What is a mortgage?

A

A mortgage is a bundle of rights over property in exchange for a loan, allowing the lender to possess and sell the land upon default.

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14
Q

What is an easement?

A

An easement is a proprietary right to use someone else’s land for specific purposes, granted for a term equivalent to a legal estate.

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15
Q

What is a right of entry?

A

A right of entry is a legal interest allowing a landlord to re-enter leased premises upon tenant default.

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16
Q

What is a restrictive covenant?

A

A restrictive covenant is an equitable interest that imposes restrictions on land use, recognized by courts since the 1840s.

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17
Q

What is an estate contract?

A

An estate contract is a contractual right to a legal estate, enforceable in equity due to the uniqueness of land.

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18
Q

What is a trust of land?

A

A trust exists when one person holds property for the benefit of another, creating a split between legal and equitable title.

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19
Q

Why is the distinction between legal and equitable interests important?

A

It affects the remedies available for infringement and the enforcement of the interest against third parties.

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20
Q

Who owns all land in England and Wales?

A

The Crown owns all land in England and Wales.

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21
Q

What proprietary rights can a piece of land be subject to?

A

A piece of land may be subject to estates (freehold and leasehold) and interests (mortgage, easement, right of entry, restrictive covenant, interest in a trust of land, estate contract).

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22
Q

What are formalities in land transfer?

A

Formalities are the actions the owner of a freehold estate must take to transfer their land to a new owner.

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23
Q

Why is the degree of formality higher for land transfer compared to personal property?

A

The value and importance of land in society necessitate a higher degree of formality for its transfer.

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24
Q

What is the usual method of transferring a freehold estate?

A

The usual method is by sale, which consists of a three-stage process.

25
Q

What are the three stages of transferring a freehold estate?

A
  1. Exchange of contracts (voluntary)
  2. Execution of a deed
  3. Registration of the deed
26
Q

What are the requirements for a valid land contract?

A
  1. The contract must be in writing.
  2. It must contain all expressly agreed terms.
  3. It must be signed by both parties.
27
Q

What is a deed in the context of land transfer?

A

A deed is known as a conveyance in unregistered land or a transfer in registered land.

28
Q

What are the requirements of a valid deed?

A
  1. The deed must clearly indicate it is intended to be a deed.
  2. The deed must be validly executed.
  3. The deed must be delivered.
29
Q

Is there a legal requirement for a buyer to sign the deed?

A

No, there is no legal requirement for a buyer to sign the deed, but it is common practice.

30
Q

What triggers the requirement to register unregistered land?

A

The sale of unregistered land triggers the requirement to register the land at the Land Registry.

31
Q

When does legal title transfer in registered land?

A

In registered land, legal title does not transfer until registration has taken place.

32
Q

What is conveyancing?

A

Conveyancing is the legal process of transferring title to a freehold or leasehold estate.

33
Q

What must a land contract comply with?

A

A land contract must comply with LP(MP)A 1989, s 2, which requires it to be in writing, signed by both parties, and contain all agreed terms.

34
Q

Can a land contract be varied?

A

Yes, but any variation to a material term must also comply with LP(MP)A 1989, s 2.

35
Q

What is the proprietary effect of a binding land contract?

A

It passes an equitable interest in the land to the buyer, known as an estate contract.

36
Q

What is an estate contract?

A

An estate contract is a contractual right to a legal estate, whether freehold or leasehold, and is an equitable interest in the land.

37
Q

What remedies are available for breach of a land contract?

A
  1. Damages
  2. Specific Performance
  3. Injunction
38
Q

What is the history of land registration in England and Wales?

A

The current system is governed by the LRA 2002, which replaced the Land Registration Act 1925.

39
Q

What are the advantages of the registered land system?

A
  1. Title plans evidencing property extent.
  2. State guarantee of ownership.
  3. Easy access to registered titles online.
40
Q

What triggers compulsory registration of unregistered land?

A

The sale of unregistered land for the first time since 1 December 1990 triggers compulsory registration.

41
Q

What are the triggering events under LRA 2002?

A
  1. Transfer of freehold estate by sale, gift, or court order.
  2. Grant of a lease for more than seven years.
42
Q

What does ‘triggering event’ refer to in land registration?

A

A triggering event refers mainly to transfers on death, the grant of a lease to take effect in possession more than three months after the date of the grant, and a first legal mortgage of the freehold or leasehold with more than seven years to run.

43
Q

What are the two systems to prove land ownership in England and Wales?

A

The two systems are registered land and unregistered land.

44
Q

What does it mean if a piece of land is registered?

A

It means the details of ownership and rights are recorded at The Land Registry.

45
Q

What must an owner of unregistered land do to prove ownership?

A

An owner must produce the historic title deeds for the property.

46
Q

What is the purpose of land registration?

A

The aim is to ensure that buyers know precisely what they are buying and that interests recorded are enforceable against new owners.

47
Q

What are the three principles of registered land?

A

The three principles are the Mirror Principle, Curtain Principle, and Insurance Principle.

48
Q

What is the Mirror Principle?

A

The register should reflect all matters that benefit and burden the property, providing a clear account of ownership and rights.

49
Q

What are overriding interests?

A

Overriding interests are interests that do not appear on the register but are still binding on the owner and any buyer.

50
Q

What is the Curtain Principle?

A

The register records the legal estate ownership, while beneficial ownership is kept off the title, simplifying land conveyancing.

51
Q

What is the Insurance Principle?

A

The accuracy of the register is guaranteed by the state, and errors will be corrected with compensation for any loss.

52
Q

What is the statutory definition of ‘land’?

A

The statutory definition includes the surface, buildings, corporeal and incorporeal hereditaments.

53
Q

What are corporeal and incorporeal hereditaments?

A

‘Corporeal hereditaments’ are physical things attached to the land, while ‘incorporeal hereditaments’ are proprietary rights with no physical substance.

54
Q

What does the Latin maxim ‘Cuius est solum, eius est usque ad coelum et ad inferos’ mean?

A

It means he who owns the land owns everything up to the heavens above and the depths below.

55
Q

What are the rights of a landowner in the airspace above their land?

A

An owner’s rights are restricted to the height necessary for ordinary use and enjoyment of the land.

56
Q

What is the legal test for determining if an object is a fixture or chattel?

A

The legal test has two parts: the degree of annexation test and the purpose of annexation test.

57
Q

What happens if a contract does not specifically exclude items from the sale?

A

The seller may not remove a fixture after contracting to sell the property.

58
Q

What is the significance of the LPA 1925, s 62?

A

It states that a conveyance of land automatically includes all fixtures unless specifically excluded.

Land Law (10 decks)

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