Property Relationships Flashcards
What is property?
Property is not just about ownership or valuable things but refers to the relationship between individuals and the world, often expressed as rights in or over things
What is meant by the “bundle of sticks” in property law?
Property rights are often seen as a “bundle of sticks,” meaning a collection of rights that individuals hold concerning property
How did the feudal system shape land ownership in England?
After the Norman conquest in 1066, William the Conqueror distributed land to lords in exchange for military service, and they further allocated it to knights and peasants
What is an estate in land?
Under the feudal system, all land ultimately belonged to the Crown, and individuals merely held a time-bound estate in the land
What are the 3 main types of estates in land?
1) Fee Simple (Freehold) – Largest estate, of indefinite duration. Ownership means holding rights in the estate, not the land itself
2) Life Estate – Lasts for the holder’s lifetime, then passes to another
3) Fee Tail (Entailment) – Historically restricted inheritance to certain heirs, such as male heirs (e.g., Pride and Prejudice)
What is tenure in land law?
Tenure refers to the terms on which an estate is held, including duties owed in exchange for land
What is radical title?
Radical title means the Crown holds ultimate ownership of all land, while individuals hold estates in the land rather than the land itself
What are the two legal estates recognised under LPA 1925?
- Fee Simple Absolute in Possession (Freehold) – Rights held indefinitely
- Term of Years Absolute (Leasehold) – An estate with a fixed duration
Can multiple estates exist in the same land?
Yes, one person may hold a freehold while others have leaseholds over the same land
What are the four dimensions of land ownership?
Length, width, vertical (subjacent/superjacent), and time
What is subjacent and superjacent ownership?
Subjacent = Ownership may extend below the ground, including minerals unless the law states otherwise
Superjacent = Ownership above the ground is limited to the height necessary for the land’s enjoyment
How is land legally defined, what does it include?
Land includes land of any tenure, mines, minerals, and rights over land, including corporeal (physical) and incorporeal (intangible) hereditaments
What are corporeal and incorporeal hereditaments?
Corporeal = Physical items, such as buildings, trees, and land itself
Incorporeal = Intangible rights, such as easements (e.g., right of way) or profits à prendre (right to take resources from the land)
What is the difference between estates and interests in land?
Estates refer to titles such as freehold and leasehold
Interests refer to rights in land that do not amount to ownership (e.g., easements, restrictive covenants)
What are 3 examples of interests in land?
- Easement – Right of way over someone else’s land
- Profit à prendre – Right to take produce from another’s land
- Restrictive covenant – One person places restrictions on another’s land
What is the difference between rights in rem and rights in personam?
- Rights in rem = Enforceable against the world (e.g., property rights)
- Rights in personam = Enforceable only against specific individuals (e.g., contractual rights)
How can property rights be divided?
- Spatially (horizontally and vertically)
- Temporally (different estates and interests coexisting over time)
