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Principles of Land Law Definitions Flashcards

(85 cards)

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1
Q

Freehold Estate

A

Estate in land of unlimited duration

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2
Q

Leasehold Estate

A

A property right arising where there is a consensual grant of exclusive
possession for a limited duration

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3
Q

Mortgage

A

An interest arising as a security for a debt

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4
Q

Easement

A

A limited right to use another’s property, or (more rarely) to prevent
that person from using their property in a particular way

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5
Q

Freehold covenant
(restrictive covenant)

A

A covenant which limits the use to which servient land can be put,
and which does not require the covenantor to expend money

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6
Q

Leasehold covenant

A

An obligation contained in a lease

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7
Q

Rights of re-entry

A

A right of a landlord to terminate a lease/to bring about forfeiture of
that lease

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8
Q

Equity arising by estoppel

A

The property right which arises in response to estoppel, and which is
extinguished upon the crystallisation of the estoppel and the grant of
any remedy

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9
Q

Interest under a trust of land

A

A right relating to the freehold or leasehold estate which consists
in the ability to hold the legal owner of the estate to account for the
manner in which he manages his right, and which is itself a proprietary
interest.

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10
Q

Licence

A

A permission to be on land which operates as a defence to an action
in trespass.

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11
Q

Bare Licence

A

A mere permission to be on land.

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12
Q

Contractual Licence

A

A permission to be on land for which consideration have been given and
which forms part of a contractual relationship.

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13
Q

Possession

A

The right to, or the fact of, control of land characterised by the ability to
exclude others

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14
Q

Occupation

A

A physical presence on relevant land that has features of continuity
and stability.

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15
Q

Property Right

A

A right which is enforceable against third parties

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16
Q

Personal Right

A

A right which is not enforceable against third parties generally

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17
Q

Legal right

A

Property rights which are universally binding on third parties

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18
Q

Equitable Right

A

Property rights which are conditional in their effects on third parties.

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19
Q

Overriding Interest

A

An interest in land which binds a purchaser of registered land despite not appearing on the register

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20
Q

Land Registration

A

The process of creating a public record of titles to and rights in land

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21
Q

Land Registry

A

The public body responsible for managing the land register

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22
Q

Mirror Principle

A

Principle holding that the register should be an accurate reflection of the rights that exist in relation to a piece of land

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23
Q

Doctrine of Notice

A

The doctrine ascribing knowledge of a right to a purchaser in unregistered land.

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24
Q

Contract

A

An agreement between two or more parties with promises (consideration) arising on both sides.

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25
Written contract
A contract which complies with section 2 Law of Property (Miscellaneous Provisions) Act 1989 by being in writing, containing all the relevant terms, in a single document, signed by both parties.
26
Deed
A document which complies with section 1 Law of Property (Miscellaneous Provisions) Act 1989 by stating on its face that it is a deed, being signed by the parties and witnessed, and having been effectively delivered as a deed.
27
Consideration
An obligation or performance undertaken in return for the imposition of a contractual obligation.
28
Registered estate
An estate, title to which appears on the register
29
Registrable interest
An interest which must be registered if a transfer or creation of that interest is to operate at law.
30
First registration
The first time that title to an estate appears on the register
31
Rectification
The process by which the register is altered following the presence of a mistake on the register whose correction would involve prejudice to the estate’s proprietor
32
Mistake
An error on the register (not clearly defined in case law or statute).
33
Alteration
The process by which the register is changed, to correct a mistake, or to keep the register up to date.
34
Indemnity
A payment from the land registry in cases of rectification or where rectification is possible but does not in fact take place.
35
Interest under a trust
Relationship between trustee (legal owner) and beneficiary (equitable owner) whereby the legal owner has to act for the benefit of the equitable owner, and the equitable owner has a right in the property which can be enforced against third parties
36
Express Trust
A trust which arises through the express volition of the parties. It must be expressed in a written form to be enforceable under section 53 Law of Property Act 1925.
37
Implied Trust
A trust which arises not from the express wishes of the parties in an appropriate form
38
Constructive Trust
A trust which arises in response to evidence of a common intention which is detrimentally relied upon.
39
Resulting Trust
A trust which arises to un-do an apparent gift in circumstances where a gift would be an inappropriate outcome and there is no evidence that one was intended.
40
Estoppel by Assurance
Estoppel which arises in response to a promise detrimentally relied upon where it would be unconscionable to revoke the promise.
41
Assurance
The sufficiently clear promise made by the promisor to found an estoppel.
42
Detriment
The setback to interests or change of course suffered by the promisee
43
Reliance
The causal link between the promise and the detriment suffered by the promisee.
44
Unconscionability
The ‘unfairness’ that exists in going back upon a promise detrimentally relied upon where circumstances are such that the court cannot allow the promise to be revoked (not susceptible of a clear definition!).
45
Equity by estoppel
The property right which arises in response to estoppel, and which is extinguished upon the crystallisation of the estoppel and the grant of any remedy
46
Promissory estoppel
A form of estoppel which does not generate property rights, but which prevents a person from going back upon a promise they have made where that promise has been detrimentally relied upon. This can act as a defence, but not a cause of action
47
Freehold estate
Estate in land of unlimited duration. Considered the ‘highest’ form of ownership in English law, save for that of the Crown.
48
Commonhold
The ownership structure which confers a freehold right over a unit in a larger structure, with membership of the management group of that structure
49
Lease
A property right arising where there is a consensual grant of exclusive possession for a limited duration.
50
Possession
The right to, or the fact of, control of land characterised by the ability to exclude others.
51
Term
The duration of a lease.
52
Rent
Sums regularly due under a lease
53
Forfeiture
The process by which a landlord goes into possession of tenanted land, so as to bring the lease to an end
54
Covenant
A promise made by deed.
55
Mortgagor
The person creating a mortgage, ie the borrower. This feels somewhat counterintuitive according to a lay understanding of how mortgages work, so useful rule of thumb is to think of bOrrOwer = mortgagOr
56
Mortgagee
The person in whom the security interest vests, ie the lender. Again, think lEndEr= mortgagEE
57
Legal right to redeem
The is also known as the contractual date of redemption, and is a date specified in the contract after which as a matter of contract the mortgagor is able (and obliged) to pay back the sums due. The practical importance of this date relates more to the remedies of the lender than it does the rights of the borrower.
58
Equity of Redemption
The proprietary interest that consists of the ‘residual’ entitlement to property mortgaged. Developed against the background of mortgages involving the transfer of legal title, this term is now used to describe the totality of the mortgagor’s interest in the land and the courts are wary of attempts to limit the scope of the equity of redemption.
59
Equitable right to redeem
This is a specific right which arises once the contractual date of redemption has passed, and forms part of the equity of redemption
60
Dominant tenement
The land for the benefit of which an easement exists
61
Servient tenement
The land burdened by the existence of an easement
62
Express easement
An easement created as a result of express dealings between parties and formalised using the appropriate documentation
63
Implied easement
An easement which arises outside the expressed will of the parties, and which is implied into a document the result of which is to divide title to land. The methods for implication are: necessity; common intention; section 62; and the rule in Wheeldon v Burrows.
64
Prescription
A method allowing for the creation of easements through long use.
65
Covenant
A promise made by deed
66
Covenantor
The person making a promise by deed
67
Covenantee
The person to whom a promise is made in a deed
68
Assignment
The process by which the benefit and burden of rights is contractually assigned
69
Annexation
The process by which the benefit and burden of rights becomes attached to the land and therefore passes regardless of the contractual position
70
Restrictive/negative covenant
A covenant which limits the use to which servient land can be put, and which does not require the covenantor to expend money
71
Positive covenant
A covenant which requires the coventantor to expend money
72
Touches and concerns
The requirement that a covenant must benefit land, not persons only, and must do so from its inception
73
Priority dispute
A dispute which involves a clash of property rights and which is usually resolved according to the order of creation, should an alternative priority rule not apply
74
Overriding Interest
An interest in land which binds a purchaser of registered land despite not appearing on the register
75
Actual occupation
The factual state of affairs characterised by the occupation of land, which, when appropriate conditions are met, will be sufficient to protect the priority of an interest following a disposition of registered land
76
Overreaching
The process by which an interest loses priority on a disposition of an estate held on trust, and in cases of sale, is transferred into the proceeds of that sale
77
Postpone
The ‘ranking behind’ an estate in land of an interest which has lost priority to a registered on a disposition of that estate
78
Waiver
The consent given by a holder of a right to a loss of priority to a subsequently created right. These can be express or implied
79
Acquisition mortgage
A mortgage which is used to acquire title to land, and which will take priority over any interest created as part of that purchase, regardless of precise timings
80
Joint tenancy
A means by which both legal and equitable title can be jointly owned, characterised by each party holding an undivided whole, which requires the presence of the four unities, and to which the right of survivorship applies
81
Tenancy in common
A means by which equitable title can be jointly owned, characterised by each party holding an individual share, and to which the right of survivorship does not apply
82
Interest under a trust
Relationship between trustee (legal owner) and beneficiary (equitable owner) whereby the legal owner has to act for the benefit of the equitable owner, and the equitable owner has a right in the property which can be enforced against third parties
83
Severance
The process by which a joint tenancy in equity is converted into a tenancy in common
84
Overreaching
The process by which an interest loses priority on a disposition of an estate held on trust, and in cases of sale, is transferred into the proceeds of that sale.
85
Overriding Interest
An interest in land which binds a purchaser of registered land despite not appearing on the register

Land Law (2 decks)

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