Basics of PLP Flashcards
(30 cards)
What is freehold?
A right of absolute ownership of land, which is indefinite
What is leasehold?
A right to own land for a fixed period of time.
How is a leasehold granted and what happens after the period of time expires?
It is granted through a legal agreement with the freeholder.
The property reverts back to the freeholder.
What is registered land?
Land that has been registered with HM Land Registry.
Where can you find details of registered land?
On the Land Register on the government website
What is unregistered land?
Land that has not been registered with HM Land Registry
Registered Land makes up roughly 89% of all land in England and Wales. Why?
since 1926 it is required to register land when a trigger event occurs, such as the sale of land
What are easements?
The right that a third party has to do something or prevent something on land belonging to someone else
What is an example of an easement?
A right of way - allows the person with the benefit of easement to travel over someone else’s land. The person that has the burden of easement, the landowner, cannot obstruct the right of way.
What is a dominant tenement?
The land with the benefit of the easement. (e.g. a neighbouring landowner that has right of way over your property)
What is a servient tenement?
The land with the burden of easement (e.g. the land that is subject to the right of way)
How can easements be created?
Expressly
Impliedly
By long user
What is a covenant?
An enforceable promise
What are positive and restrictive covenants?
A positive covenant requires someone to do something
A restrictive covenant prevents someone from doing something
What are the 2 essential aspects of a covenant?
A benefit and a burden
What does it mean for a covenant to run with the land?
If it runs with land, then it will bind a subsequent purchaser of the land
Does a positive covenant run with the land?
No
Does a restrictive covenant run with the land?
Only if the rule in Tulk v Moxhay (1848) 2 Ph 774 applies
What is the rule in Tulk v Moxhay?
The burden of a restrictive covenant over registered freehold land will always run with the land IF the restrictive covenant appears on the Register of Title.
What should you do if you are acting for a purchaser of land and discover through the Title Register that the land has a restrictive covenant?
Advise the client on what this means
Co-owned land is always held on trust. What are the 2 types of trust of land?
Joint tenancy
Tenancy in common
What is joint tenancy?
Both tenants own 100% of the property. They will split the proceeds of the property evenly and when one dies, the other tenant automatically inherits the rest of the share (survivorship)
What is tenancy in common?
Tenants in common each own distinct shares in the property, e.g. 30% and 70%. When one dies, their share will pass under their will or through intestacy rules.
What is form A restriction?
This is a restriction in the proprietorship register on the register of the title placed when co-owners wish to become tenants in common.
