land law key terms

Easement

Right over another’s land (e.g.; right of way)

Estate

Duration of interest in land (freehold/leasehold)

Socage

Feudal tenure (all freeholds now held this way from the Crown)

Concurrent Interests

Interests existing simultaneously (e.g.; joint ownership)

Inter vivos

Transfer during lifetime (vs. by will)

Overreaching

Converts trust interests to money on sale (s.2 LPA 1925)

Oxley v Hiscock

Case quantifying beneficial interests in shared property

Covenant

A promise made in a deed

Covenantor

Party making the promise (bears the burden)

Covenantee

Party receiving the benefit of the promise

Positive Covenant

Requires action/spending (e.g.; maintaining a fence)

Restrictive Covenant

Prevents certain actions (substance > wording)

Real Covenant

Affects land/lease (e.g.; rent; repairs)

Personal/Collateral Covenant

Personal promise unrelated to land (e.g.; paying a third party)

Privity of Contract

Direct contractual relationship between parties

Privity of Estate

Legal relationship as landlord and tenant

Servient Tenement

Land burdened by a covenant

Dominant Tenement

Land benefiting from a covenant

Burden

Obligation on the servient tenement

Benefit

Advantage to the dominant tenement

Example Covenant Terms

S sells land to B: Restrictive (only one dwelling); Positive (maintain fence)