Introduction To Land Law

Question 1

What is a freehold estate?

Answer 1

A freehold estate is an estate in land of unlimited duration.

Question 2

What is the key point about freehold estates

Answer 2

Freehold estates are considered the ‘highest’ form of ownership in English law.

Question 3

What is a leasehold estate?

Answer 3

A leasehold estate is a property right arising from the consensual grant of exclusive possession for a limited duration.

Question 4

What is a mortgage?

Answer 4

A mortgage is an interest arising as security for a debt, typically involving land as security for a loan.

Question 5

What is an easement

Answer 5

An easement is a limited right to use another’s property or prevent certain uses.

Question 6

• Can you provide an example of an easement?
  *

Answer 6

Answer: An example of an easement is a right of way across a neighbor’s land.

Question 7

What is a profit?

Answer 7

: A profit is a right to take resources from another’s land, such as fishing or hunting.

Question 8

In which act is proft a Pendre included

Answer 8

Profit is included in the Law of Property Act 1925, Section 1(2)

Question 9

What is a freehold covenant?

Answer 9

A freehold covenant is a covenant limiting the use of servient land without requiring expenditure.

Question 10

What is a leasehold covenant?

Answer 10

A leasehold covenant is an obligation contained in a lease agreement.

Question 11

What is a right of pre-emption?

Answer 11

A right of pre-emption is the right for a purchaser to buy property before others at a pre-agreed price.

Question 12

Where is the right of pre-emption included?

Answer 12

It is included in the Law of Property Act 1925, Section 62.

Question 13

What is a rentcharge?

Answer 13

A rentcharge is the right to receive income from the owner of a freehold estate in land.

Question 14

What are rights of re-entry?

Answer 14

Rights of re-entry are the right of a landlord to terminate a lease or bring about forfeiture.

Question 15

What is equity arising by estoppel?

Answer 15

It is a property right arising in response to estoppel, extinguished upon crystallization.

Question 16

What is interest under a trust of land?

Answer 16

It is a right relating to a freehold or leasehold estate that holds the legal owner to account.

Question 17

What is the principle of certainty?

Answer 17

Definition: Refers to the need for clarity and predictability in land law to enable effective planning and management of assets.
* Components: Formal certainty (clear and unambiguous rules), moral certainty (aligning legal definitions with common understanding), accessibility of rules.

Question 18

Why is certainty in land law crucial?

Answer 18

It is crucial for commercial mortgagees and homeowners.

Question 19

What is the principle of sensitivity to context?

Answer 19

Definition: Acknowledges the importance of considering the specific circumstances and relationships involved in land transactions.
* Components: Consideration of the nature of the land, parties’ relationship, and transaction purpose.

Question 20

What does flexibility in land law depend on?

Answer 20

It depends on context, including domestic vs. commercial.

Question 21

What is the principle of transactability?

Answer 21

Definition: Addresses the ease and cost-effectiveness of transferring land rights, emphasizing the balance between static and dynamic security.
* Components: Costs associated with transfers, prioritization of dynamic security over static security.

Question 22

What is the principle of systematic and individual effects?

Answer 22

Definition: Recognizes the dual impact of legal changes in land law: individual effects on immediate parties and systemic effects on the legal framework.
* Components: Consideration of both individual disputes and broader implications for legal precedent.

Question 23

What is the principle of recognition of social effects of rules?

Answer 23

Definition: Highlights the importance of balancing market interests with individual and societal needs, particularly under the lens of human rights.
* Components: Awareness of societal implications and the evolving role of human rights in shaping land law.

Question 24

What is the distinction between legal and equitable rights?

Answer 24

Legal rights are inherently binding to 3rd parties, require compliance with formality rules, and more ridgid.

Equitable rights require less formality and are more flexible, but there must exist certain conditions for these rights to burden 3rd parties

Question 25

What are trusts?

Answer 25

They arise when the legal owner holds property for one or more others with an equitable interest.

Question 26

What are estates in land?

Answer 26

They are types of rights a person holds in land, including freehold, leasehold, and mortgage.

Question 27

What varies among estates in land?

Answer 27

Ownership rights, responsibilities, and duration vary.

Question 28

What does Law of Property Act 1925 Section 27(1) address?

Answer 28

It addresses overreaching, where the purchaser is not concerned with trusts affecting land if the sale is by two or more trustees

Question 29

What does Law of Property Act 1925 Section 62(1) specify?

Answer 29

It specifies elements included in the conveyance of land

Question 30

What elements are converted by LPA 1925 section 62(1)

Answer 30

It covers buildings, fixtures, easements, etc., with land.

Question 31

What does Law of Property Act 1925 Section 62(2) address?

Answer 31

r: It covers the conveyance of buildings, fixtures, easements, etc., with land.

Question 32

Limitations of LPA section 62

Answer 32

It only applies is contrary intention is not expressed inn the conveyance

Question 33

What is the scope of Law of Property Act 1925 Section 62

Answer 33

It applies to conveyances made after December 31, 1881. (Subsection 4)

Question 34

What limitation does Law of Property Act 1925 Section 62(5) impose?

Answer 34

It doesn’t confer better title that is conveyed, ensuring the conveyed title remains unchanged

Question 35

How does Law of Property Act 1925 Section 205(iv) define "death duty"?

Answer 35

It defines "death duty" as estate duty and other duties leviable on death.

Question 36

What does "death duty" encompass?

Answer 36

It includes estate duty and other related duties.

Question 37

Who does Law of Property Act 1925 Section 205(v) define as "estate owner"?

Answer 37

It defines "estate owner" as the owner of a legal estate,

Question 38

What does "estate owner" refer to?

Answer 38

It refers to the owner of a legal estate, with exceptions for infants.

Question 39

What does Law of Property Act 1925 Section 205(xx) define as "property"?

Answer 39

It defines "property" inclusively, including interests in real or personal property.

Question 40

What does the definition of "property" encompass?

Answer 40

It encompasses interests in both real and personal property.

Question 41

What does Gardner emphasize regarding certainty?

Answer 41

ardner emphasizes moral clarity in law, advocating for clearly defined distinctions and meanings aligning with common understanding.

Question 42

Cooke’s perspective on the principle of Transactability

Answer 42

Cooke suggests a tendency to prioritize static security over dynamic security in land law, potentially favoring original rights holders over subsequent holders.

Question 43

What is Neil and Hopkin’s critique of land law

Answer 43

Neil's and Hopkins argue that land law has historically prioritized market needs over individual rights but suggest a shift toward human rights has reduced the property-focused aspect of land law.

Question 44

Discussion on Equity and Legal rights

Answer 44

The distinction between equity and legal rights is described as historical, with equitable rights now seen as promoting fairness, while legal rights are considered more rigid.

Question 45

What criteria for a property right was established in National Provincial Bank v Ainsworth?

Answer 45

Criteria include being definable, identifiable, capable of binding 3rd parties, permanent, and stable.

Question 46

List the facts, principles and judgement of National Provincial Bank v Ainsworth

Answer 46

Facts: Lender sought to sell property to pay off mortgage debt. Mrs. Ainsworth claimed 'deserted wife’s equity' in the property. Principles: Property rights must be listed in the Law of Property Act 1925. Criteria include being definable, identifiable, capable of binding 3rd parties, permanent, and stable. Judgement: Mrs. Ainsworth's claim to 'deserted wife’s equity' as a property right was denied. Equity did not meet criteria for proprietary status.

Question 47

Facts, principles and judgment of Bernstein v Skyviews 1978

Answer 47

Facts: Skyviews took an aerial photograph of houses, including Bernstein’s country home. Principles: Property owner's rights in airspace are limited to such height as is necessary for ordinary use and enjoyment of land. Judgement: No trespass occurred as airspace rights were limited. Property owner’s rights extend only to necessary airspace.

Question 48

Facts principles and judgment of Bacardo SA v Star Energy

Answer 48

Facts: Bocardo was the freehold owner of a plot of land. Star Energy drilled pipelines into the substrata without consent. Principles: Property owner's ownership extends to strata of land entered by pipes. Judgement: Star Energy trespassed by entering strata without consent. Bocardo’s ownership extends to strata of land.

Question 49

Facts principles and judgement for Re Ellenborough Park

Answer 49

Facts: Dispute over whether land could be used as a park. Principles: Criteria for easements include the need for a dominant and a servient tenement, accommodation of the dominant tenement, different ownership, and grant capability. Judgement: Easement rights granted for the land to be used as a park.