Rights in land

Question 1

What are two types of rights over land?

Answer 1

Proprietary Rights - can be enforced by action in rem - holder of the rights does not have to settle for damages

Personal Rights - can only be enforced for personal right in damages if the right is breached. Only bind the original parties to the right and there can be no recourse against third parties

Question 1

What rights that have proprietary status appear on the fixed list of rights?

Answer 1

Freehold estate

Leasehold estate

easement

mortgage

restrictive covenant

estate contract

beneficial interest in a trust of land

Question 2

How can you tell if there is a proprietary right in land?

Answer 2

You cannot see a mortgage or an easement or a lease - it is invisible

Question 3

What is the definition of a freehold estate

Answer 3

Fee simple absolute in posession

Question 4

What is a freehold/ leasehold reversion?

Answer 4

Where the residue of an estate after the grant of lease or freehold remains = reversion

Question 5

What is a commonhold?

Answer 5

Type of a freehold

An estate created out of a freehold registered estate

Designed to meet needs of owners of eg flats where the owners are dependent on eachother

There is a freehold owner - a company that is usually the commonhold association

Owner of each flat is a member

Question 6

What is the definition of a lease?

Answer 6

Term of years absolute

Question 7

What is an interest in the land?

Answer 7

Gives the proprietor limited use of the land or a right to do something on the land

It is capable of enforcement against third parties

Question 8

What is another way to call an interest in land?

Answer 8

An incumbrance

Question 9

How do you determine if a right is personal or proprietary?

Answer 9

Proprietary rights are in s1 of LPA 1925

Right not recognised in this section will be personal

Question 10

What are legal interests in land?

Answer 10

An easement

Charge by way of legal mortgage

Rights of entry exercisable over or in respect of a legal term of years absolute

Question 11

What are equitable interets under s1?

Answer 11

all other estates, interests and charges over land so:

Freehold estates

Estate contracts

Interests in trust of land

Easements granted for an uncertain term

These are recognised as having proprietary status and will take effect in equity

Question 12

Why is there a distinction between legal and equitable interests?

Answer 12

Because there are different remedies that can be sought for each category

Question 13

What is the definition of a mortgage?

Answer 13

A bundle of rights granted over a property in exchange for a loan of money

This includes rights to sell and possess the land in the event of default

Question 14

Who grants the mortgage?

Answer 14

The borrower, not the lender

Question 15

What is an easement?

Answer 15

Proprietary right to use land which belongs to someone else

Must be granted for a term equivalent to one of the legal estates eg forever like the freehold or for a certain period like the lease

Example - right of way

Question 16

What is a right of entry?

Answer 16

Legal interest in land

It is either
- a right for a landlord to re enter leased premises and end the leasehold estate in the event of tenant default or some other specified event occurring OR -

• a rentcharge owner’s right to hold the land if money owed is not paid

Question 17

What is a restrictive covenant?

Answer 17

A covenant is a promise

Prevent landowner from doing something on their own land

It is an equitable interest

eg promise not to sell alcohol from the land

Question 18

What is an estate contract?

Answer 18

A contractual right to a legal estate

Equity will order specific performance of a contract to create or transfer a legal estate

Question 19

What remedies are not available to equitable interests holders that are to legal interest owners?

Answer 19

Damages as of right but may be entitled to damages in equity

the remedies granted are at the discretion of the court generally