Words

Question 1

Rights in Rem

Answer 1

Rights residing in persons and availing against other persons generally.’ / ‘Rights residing in persons, and answering to duties incumbent upon other persons generally’

property rights enforceable against the entire world (such as property rights) whereas an in personam judgment binds only the litigants.

Question 2

Rights in Personam

Answer 2

personal right attached to a specific person, such as contract rights, a tort award against a defendant, or a license.

Question 3

Chose in possession

Answer 3

tangible property

Question 4

Chose in action

Answer 4

intangible property

Question 5

Fee simple

Answer 5

a permanent and absolute tenure in land with freedom to dispose of it at will, especially in full fee simple absolute in possession a freehold tenure, which is the main type of land ownership.

‘the ground on which St John’s Cathedral stands which was granted in fee simple and so held under a freehold tenure.’

Question 6

Fee tail/entail

Answer 6

a type of tenure in land with restrictions (entailments) regarding the line of heirs to whom it may be willed.

(historical)

Question 7

Equitable lease

Answer 7

An agreement for the grant of an interest in land on terms that correspond to a legal lease but do not comply with the necessary formal requirements of a legal lease. For example, if L purports to grant T a lease for seven years but the transaction is effected by simple written contract to grant a lease rather than by deed, the court may enforce the contract to grant the lease between the parties. This follows the principle that “equity looks upon that as done which ought to be done” (see maxims of equity) (Walsh v Lonsdale (1820) 21 Ch D 9). Further, T’s rights under the contract could be registered as an estate contract and thus bind any third party acquiring L’s interest in the land.

Question 8

feature of successful possessory claims

Answer 8

consistent assertion of control over the access of strangers to, or the activities of strangers upon the land in question

e.g. changing of locks/erection of prominent ‘no trespassing’ or ‘no dumping’ signs on the land /removal of graffiti from wall on the land

Intensifying: aggressive warning off of strangers/imposition of charges on strangers for intermittent use of the land

• trivial acts of trespass do not constitute possession

Question 9

intention relates to possession and not ownership

Answer 9

a claimant need not prove any intention at all with regard ownership of the land, but he must show that he manifestly intended to treat the land as if he did own it

no requirement of good faith. it matters not that the possessor may be entirely aware that his possession is possession as of wrong