Introduction to Land Law

These flashcards cover key concepts and definitions related to the introduction of land law, its contexts, types of ownership, and acquisition methods.

Land Law

Focuses on the creation, transfer, operation, and termination of rights and interests in land.

Economic Context of Land Law

Concerns around land and housing markets.

Social Context of Land Law

Rights in land determine who can reside in certain areas.

Political Context of Land Law

Focuses on who holds power over land and its usage.

Ecological Context of Land Law

Questions whether we view land through the lens of exploitation or as a responsibility.

Grenfell Tower Incident

Highlighted the lack of responsibility towards land and those affected, illustrating weaknesses in land law implementation.

Freehold

Represents unlimited rights to use and control land, allowing the owner to use it indefinitely without time restrictions.

Leasehold

Refers to time-limited rights to possess land, often created through agreements between leaseholder and freeholder.

Land Registration Act 2002

Transitioned the system of land conveyancing from traditional deeds to a system of registration for land rights.

Publicity in Land Registration

The land register serves as an official record, helping to prevent disputes regarding land ownership.

Transparency in Land Rights

Establishing legal rights through registration reduces ambiguity and enhances security for property transactions.

Fragmentation of Ownership

The division of rights and interests in land, often facilitated through the use of trusts.

Legal vs. Equitable Interests

Legal interests are enforceable at law, while equitable interests arise from principles of fairness and are enforceable in equity.

Trusts in Land Law

Legislation governing how trusts operate concerning land, providing a framework for establishing and managing them.

Derivative Acquisition

Acquiring rights from an existing owner, commonly through conveyancing.

Original Acquisition

Rights created independently of any previous ownership, such as through adverse possession.

Minor Interests

Subordinate rights that exist alongside primary legal estates and can influence land use.

Mortgages

A security interest in land allowing a lender to claim the property if the borrower defaults.

Easements

Rights allowing one party to use another's land for a specific purpose.

Co-Ownership

Refers to a situation where two or more individuals share ownership rights in a property.

Joint Tenancy

Co-ownership arrangement where co-owners have equal shares in the property with rights of survivorship.

Tenancy in Common

Co-ownership where each owner holds distinct shares and can sell or transfer their share independently.