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Land Law > Nature Of Land > Flashcards

Nature Of Land Flashcards

1
Q

What is the full name for freehold

A

Fee simple absolute in possession

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2
Q

What is the full name for leasehold

A

Terms of years absolute

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3
Q

Who is lessee

A

Tenant

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4
Q

Who is lessor

A

Landlord

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5
Q

Who is mortgagee

A

Lender who owns the mortgage interest in the land

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6
Q

Who is mortgagOR

A

The borrower, the person who owns the legal interest in land, and grants the mortgage

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7
Q

What are the 2 stage test for fixtures chattels?

A

Degree of annexation

Purpose of annexation

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8
Q

What is the test for the degree of annexation>

A

How firmly affixed is the object to the land?

Is it easily removable? Is it on its own weight>

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9
Q

What is the test for the purpose of annexation?

A

WHY has the object been attached to the land?

This takes PRIORITY over the degree of annexation

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10
Q

What case law is it do with architectural design of the property>

A

D’Eyncourt

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11
Q

What are the two types of estates in land?

A

Freehold and leasehod

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12
Q

What is freehold estate?

A

Capable of being inherited

Lasts forever

Absolute, not conditional on anything

Immediate right to possession

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13
Q

What is leasehold ?

A

Tenant is granted exclusive possession of land for a fixed period

Cannot last forever

Carved out of superior interest.

Can be fixed or periodic

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14
Q

What is the difference between a fixed leasehold and a periodic leasehold?

A

Fixed term leaes can be for any period - provided there is a max duration

Periodic is for one period, that goes on extending itself automatically, until landlord or tenant terminate it by notice.

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15
Q

What is set out in s 1(2) of LPA?

A

Interest in land that are capable of being legal

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16
Q

What interests are capable of being legal under s 1(2) LPA?

A

Easements, profit, mortgage, rent, interests from statute, right of entry

17
Q

What interests are equitable by nature?

A

Beneficial interest under trust

Restrictive covenant

Estate contract

18
Q

What is a statutory right?

A

S 30 of Family Law Act, creates home rights.

Non-owning spouses

Have a right in land, provided they are legally marred, and the home is intended to be matrimonial home.

19
Q

Are home rights an interest in land?

A

No, they exist INDEPENDENTLY of any equitable interest arising under trusts.

20
Q

What is a licence?

A

Personal right, not an interest in land.

Binding only between original parties

21
Q

What are the formalities of creating a legal estate or interest?

A

S 52 LPA

Deed os required

Deed must be in: writing, clear on its face, signed, witnessed (1 witness), and delivered

22
Q

What are the exceptions to the rule of deed for legal estate?

A

Short term leases, they require no formalities for creation.

Parol leases, created orally.

23
Q

What must a lease have to be a Parol lease exception?

A

Leaes must be for 3 years or LESS (include periodic lease)

Lease must take effect in possession, immediately

Tenant must pay best rent which can be reasonably obtained

Landlord must NOT charge a fine or premium (one off capital sum)

24
Q

What are teh 2 stages for contract of creation or transfer of rights of land?

A

Investigation of title leading up to exchange of contracts

Completion when the legal estate is created or transferred

25
Q

What must all contract for the creation or transfer of rights in land comply with?

A

Writing

Incorporated ALL expressly agreed terms in 1 document

Be signed by or on behalf of the parties

26
Q

What are the formalities for the creation or transfer of an EQUITABLE lease?

A

By grant through equity (restrictive covenant) or equitable right, by contract, by trying to grant legal and failing, by express trust

27
Q

For equity to realise a contract, what must be present ?

A

A contract
Complying with s 2 of LPMPA
Clean hands

28
Q

What is s 2 LPMPA

A

Contract must be:

N writing

Incorporate all express terms

Signed by or behalf of parties

29
Q

What are the 5 steps of determining if a interest is legal?

A

1: identify interest

2: is interest CAPABLE of being legal or equitable by nature?

3: have right formalities been used?

4: is the interest capable of being legal, but there is no deed?

5: is it legal, equitable or statutory?

Land Law (7 decks)

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