Tenures, estates & interests (L2) Flashcards
What do we mean by ‘ownership’ of land?
Ownership of land cannot be considered in such an absolutist manner.
Not only do we want to be able to sell and buy land, we also want to be able to grant and restrict variety of rights over the land and have multiple concurrent owners for restricted periods of time.
You cannot have absolute ownership of land as you do other properties.
History of land ownership
Historically all land was owned by the crown. When the Normans invaded in 1066 William the Conquerer declared England to be his.
He gave rights to Barons, large areas of land in return for favours/ duties. Barons granted rights to people over areas of their land in return for duties. System developed which was based on relative ownership.
This land system known as estates and tenures.
“Tenure”
A holding
State of Quia Emptores [1290]
- Subinfeudation prohibited
- Gradual decline of feudal structures and increase of socage tenure
Statute of Tenures [1660]
Most tenures abolished
Law of Property Act [1922], section 28
All land held in Socage tenure directly from the Crown.
Doctrine of tenures
After 1066 held that all land was owned by the king, his subjects were granted rights in that land. Return for the right to enjoy the land, tenants agreed to carry out duties for the king. Duties called tenure and were equivalent to paying rent. Overtime the variety of tenures disappeared leaving freehold tenure as the one remaining.
Doctrine of estates
“The land itself is one thing, and the estate in the land is another thing, for an estate in the land is a time in the land, or land for a time…” Walsingham’s Case (1573) 75 ER 85
Estate and land are not the same thing.
Enjoyment of the land occupation of the land for an amount of time.
Estates is about the length of time a person can enjoy the tenure.
Land held in tenure is also held for an estate.
In law an estate means that whilst you have the estate you have the right of possession to that land.
“Fee simple”
Means ownership that will not end with the death of the present owner but will descend to his or her heirs.
Distinction between estates and interests in land
Rights in land can be divided into two categories:
- Estates- discussed above- more akin to ownership
and
- Interests
Interests in land
A person who has an interest in the land has a right against land ownership by another person.
There are numerous types of interest in land.
Distinction between legal & equitable rights
- Different enforcement
- Separate legal and equitable courts pre-1873
- Administration of common law and equity fused in single court system.
- Legal rights bind the world.
- Equitable rights may not be binding in all circumstances.
- Different modes of creation.
- Not all rights can be legal.
Deciding whether it is legal or equitable
- Is it capable of being legal?
- If yes, has it been created by a deed?
- If yes, has it been registered at the HM Land Registry?
Is it capable of being legal?Section 1(1) Law of Property Act 1925
The only estates in land which are capable of subsisting or of being conveyed or created at law are—
(a)An estate in fee simple absolute in possession;
(b)A term of years absolute.
Has It been created by a deed? Law of Property Act, section 52(1)
- All conveyances of land or of any interest therein are void for the purposes of conveying or creating a legal estate unless made by deed.
- Legal estates and interests can only be created or transferred by deed.
- Some exceptions to this rule:
- Leasehold estates of less than three years: ss. 52(2)(d) and 54(4)
- Implied easements
