Topic 4 - Principles of mortgage and property law Flashcards
Conveyance
The transfer of rights in property
Property acts of 1925
Law of property
Land charges
Land registration
Fee Simple
The right for the property to be inherited on death
Absolute
No limits on ownership
Term of years absolute
Leasehold estate, which has a limited duration that must be fixed and certain
Mortgage by way of legal charge
Owned by the borrower but property is charged with debt
Mortgage by demise
Lender owns property
Ownership transfered
Tenure
Denotes the way in which title to the property is held . It is taken from the french tenir meaning hold
the Lessee
The leaseholder ,
paying ground rent
The Leessor
The freeholder
Can create the lease of any length of time
Enfranchisement
The right of owners of leasehold properties in a building (egg a block of flats) to join together to buy thee freehold of the building
Buying the freehold of a flat
- Building must contain 2+ flats
- 2/3 of flats must be 21+ yrs
- 25% or less non residential
- 50% of leaseholders have to agree
Can not buy a freehold if …
- It is part of a charitable trust
- lease is for commercial purposes
- Leaseholder own leases for 2+ flats