Land Law 1
four key questions to ask in response to any land law problem - Answer-Is the title to the land registered or unregistered?
What interests may exist in the relevant land?
Is each of the possible interests legal or equitable?
Have any necessary steps been taken to protect each ...
Land Law 1
four key questions to ask in response to any land law problem - Answer-Is the title to the land registered
or unregistered?
What interests may exist in the relevant land?
Is each of the possible interests legal or equitable?
Have any necessary steps been taken to protect each of the possible interests?
legal estates in land - Answer-ownership of land for a slice of time. The land belongs to the Crown, others
own an estate in the land.
fee simple or freehold estate - Answer-right to use and enjoy land for the duration of the life of the grantee
and that of heirs and successors., freely transferable. Uncommon for the land to be transferred back to
Crown, but more likely when land is owned by a company.
leasehold estate - Answer-right to use and enjoy land for a stated period of time. owner = leasholder
lessee or tenant
fee tail - Answer-duration of life and lineal descendants, rarely used no longer applicable after 1996 Trust
of Land and Appointment of Trustees Act 1996
Life interest - Answer-lastsfor duration of life, equitable interest only as with fee tail
LPA 201(1)(ix) - Answer-definition of L
includes tangible and intangible
incorporeal hereditament includes M,COV, profits a prendre
proprietary R - Answer-enforceable beyond original parties even though they were not part of original K
+> def of proprietary R is imp
National Provincial Bank v Ainsworth
wife R to live in former matrimonial home , she owns no share
Lord Wilberforce 4 criteria - Answer-definable
identifiable by 3P
capable of assumption
and degree of permanence and stability
proprietary R types - Answer-estates in L, interests in L
types of estate (ownership for a slice of time) - Answer-fee simple: R for life+ successors on death,
exception goes back to Crown if no successors
leasehold: states period of time
fee tail: life+ lineal descendants : Obsolete TOLATA Sh 1
life interest
Interests in L - Answer-Proprietary Rs which one enjoys in the L of another
Cov, E,M, option
LPA s1 - Answer-defines Legal Rs, estates in L
only FS and Lease
NOTE: LPA s1 and s2 define estates/interests that MAY be legal
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