Rights in Land (Nature of Land - Core principles of land law)-FS Flashcards
(8 cards)
In English land law, who ultimately owns all land, and what does this imply about individual land ownership?
All land in England ultimately belongs to the Crown. This means individuals do not own the land outright but instead hold a bundle of rights in relation to the land, such as estates and interests.
What are the two main classes of rights in land recognized under English property law?
The two main classes are:
1. Estates in land – rights to possess or occupy land for a period of time.
- Interests in land – rights held by one party over land that is owned by another party.
What is an estate in land, and what are the two key types of estates?
An estate in land is the right to hold, own, or occupy land for a duration of time. The two types are:
- Freehold: the most complete and enduring form of ownership.
- Leasehold: a time-limited right to occupy or use land, after which control returns to the freeholder.
What is an interest in land, and how does it differ from an estate in land?
An interest in land is a right over land owned by another, such as rights of way or charges. Unlike an estate, it does not give the holder the right to possess the land, but allows certain legal uses or claims upon it.
What is the difference between legal and equitable rights in land?
- Legal rights: Recognized and enforceable against anyone, including future owners; they run with the land.
- Equitable rights: Often require notice or investigation to be enforceable and are typically enforceable only against parties with notice.
What makes a property right eligible to be classified as a legal right rather than an equitable one?
Only certain types of property rights are capable of being legal rights, typically those recognized and recorded through proper legal channels. All property rights, however, can exist in equitable form, often requiring a court to recognize and enforce them.
In the context of rights in land, what is a charge, and how is it classified
A charge is a security interest, such as a mortgage, granted over land to secure a debt. It is classified as an interest in land, not an estate, because it does not confer possessory rights.
how should a leasehold be legally classified?
A leasehold is an estate in land, because it grants the holder a right to occupy or possess the land for a defined period, rather than just an interest over it.
