outline law of real property Flashcards
What is land?
The land, the soil, the sub soil anything that’s fixed permanently.
Includes anything in the air space above within reasonable distance.
What happens if someone trespasses on land?
They commit tort / trespass.
What are the two key points to decide whether something is land?
- The degree of annexation
- The object of annexation
What do we own concerning land?
An estate in lands, which refers to the duration/length of tenancy.
What is the role of a conveyancer?
A person transferring property, normally a solicitor.
What is a freehold estate?
An estate with an uncertain term that could terminate or continue.
What is a leasehold estate?
An estate where the terms are certain, e.g., 10 years, 20 years.
What rights does a freeholder have?
- Rights subject to prior rights obtained by others
- Entitled to most minerals and rights under the land except certain exceptions
What are the exceptions to a freeholder’s rights to minerals?
- Gold
- Silver
- Petroleum
- Coal
- Treasure trove
What is the difference between a legal lease and an informal legal lease?
A legal lease complies with section 40 of the Law of Property Act 1925, while an informal lease may not.
What is required for a legal lease under section 40?
Certain written requirements must be satisfied.
Can land be bought and sold orally?
Yes, but written evidence is required under section 40.
What happens if there is past performance in a property sale?
The courts may agree that the agreement exists despite lack of written evidence.
What are the types of tenancies?
Fixed term tenancies, which can be weekly or yearly.
What are the tenant’s obligations?
- Pay the rent
- Behave in a tenant-like manner
- Comply with covenants in the lease
What are the landlord’s obligations?
- Maintain the main structure
- Look after common parts
- Ensure the property is habitable
What is an easement?
A right that one landowner has over another landowner’s property.
What are the two types of properties involved in an easement?
- Dominant property
- Servient property
How can an easement be created?
- By act of parliament
- By deed
What is past plan in relation to easements?
An easement can be acquired through long use, typically 120 years of uninterrupted use.
What can happen if an easement is infringed?
The court can pull down the obstruction or award damages or both.
What are restrictive covenants?
Restrictions on the use of land that bind later purchases.
What is a mortgage?
A loan on the security of land.
Who is the borrower in a mortgage?
The mortgagee.
What is a legal mortgage?
Created by formal deed and requires departure of title deeds with the mortgagee.
What happens if a mortgage can be brought about by resale of the property?
Others can sue for ownership.
What is settled land in trusts for sale?
Land limited in trust for any person by way of succession or for a minor.
What is the purpose of registration for land charges?
To simplify the transfer of land and create a general register of all known information about a piece of land.
