seminar questions 1 Flashcards
Which are key principles of land law?
Two key principles that underpin land law is that land law is identifiable and certain.
What is the key distinction in land between a personal and proprietary interest?
We discussed that a proprietary interest binds third parties (in many cases a future purchaser)
What does an estate in land mean?
An estate is the length of time one can use the land
Where in the statute do we find the estates in land?
LPA 1925 s1 (1)
How many estates are capable of existing at law? What are they?
Two estates in land – freehold and leasehold.
Can two legal estates exist over the same piece of land?
Yes, one property can have both a freehold and a leasehold estate
How many interests are capable of existing at law? Where in the statute do you find them?
LPA 1925 s2, 4 different types
Can you give an example of an easement?
The traditional easement is a right of way
easement of storage
Can you think of a restrictive covenant?
A restrictive covenant is a promise in a deed to do or not to do something. It is an equitable interest.
What formalities are required to convey or transfer an estate at law?
Deed (LPA 1925 s52) which complies with LP (MP) Act 1989 s1
What is required to ensure a deed is executed?
See LP(MP) Act 1989 s1
Does a lease by parol require a deed?
no
