tenures, interests, estates Flashcards
(17 cards)
What is the historical basis of land ownership in England and Wales?
Following the Norman Conquest of 1066, all land was considered to be owned by the King, with subjects holding land as tenants in return for services.
Define Tenure.
Tenure describes the terms on which rights in land were enjoyed, historically relating to the supply of services to the King
Define Estates in Land.
Estates in land confer rights of ownership for a period of time.
The two legal estates are freehold (unlimited duration) and leasehold (fixed duration)
Define a Freehold Estate.
A freehold estate is an estate in land that lasts for an unlimited duration.
Define a Leasehold Estate.
A leasehold estate is an estate in land that has a fixed duration (term of years absolute).
Define Interests in Land.
Interests in land are proprietary rights that someone enjoys over another’s land and do not confer rights of ownership.
Examples include easements, mortgages, options, and restrictive covenants.
What is the significance of the legal/equitable distinction for estates and interests in land?
Only certain estates and interests are capable of being legal under s1 LPA 1925.
Other rights can only exist in equity. Legal rights generally have stronger binding power against third parties if properly created and protected.
Name the two legal estates in land under s1(1) LPA 1925.
- Fee simple absolute in possession (freehold)
- Term of years absolute (leasehold)
Name some legal interests in land under s1(2) LPA 1925.
An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute.
A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute.
- Mortgage
Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose, to a legal rentcharge.
Give examples of equitable interests in land.
Restrictive covenants,
Estate contracts (including options to purchase),
Equitable easements,
Equitable leases
Interests under a trust.
What are the usual formality requirements for creating a legal interest in land?
Generally, the creation of a legal interest requires a deed
(s 52 LPA 1925 and s 1 LP(MP)A 1989)
and for certain interests in registered land, registration (s 27 LRA 2002).
How are equitable interests generally created?
Equitable interests generally arise where the formalities for a legal interest have not been met but there is a valid written agreement (s 2 LP(MP)A 1989)
or through other equitable principles like estoppel or constructive trusts.
What are the three parts of a registered title?
- The Property Register: Describes the estate (freehold or leasehold), the land’s extent and any benefiting easements.
- The Proprietorship Register: Specifies the class of title, identifies the owner and provides their address, and (if sold since 2000) shows the price paid.
- The Charges Register: Details third-party rights restricting the owner’s use or enjoyment of the land, such as mortgages and restrictive covenants.*
What are registrable dispositions in registered land?
These are legal acts that must be registered to have legal effect, including the transfer of a freehold or longer lease, the creation of a longer lease, the grant of a legal charge (mortgage), or an expressly granted easement.
Give examples of interests that can be protected by a notice.
Leases for more than three but not more than seven years
Restrictive covenants in freehold land
Family home rights,
Estate contracts (including options),
Equitable easements.
Give examples of overriding interests.
Short legal leases (seven years or less),
Interests of persons in actual occupation
(Williams & Glyn’s Bank v Boland, Trevallion v Watmore, Kingsnorth Finance Co. Ltd v Tizard)
Legal easements
Profits à prendre (in certain circumstances).
Define overreaching.
Overreaching is the process by which equitable interests under a trust are detached from the land and transferred to the purchase money when the land is sold by two or more trustees.
