Week 3 Land: Estates and Interests in land

What are the two characteristics of land in property law?

Permanence (land is permanent and ownership can split over time) and Uniqueness (all land is unique; physical location can't be shared).

What does a "remedies question" involve in property law?

It concerns how a court will protect someone's rights over land.

Why are banks concerned with enforcing property rights in repossession cases?

Failure to sell secured land causes wider financial problems affecting loan recoveries and the broader economy.

What does property law govern?

Rights to use physical things located in particular places, and resolving disputes over inconsistent uses.

What is the goal of property law?

To provide a transparent and predictable means of allocating parties’ rights.

What is the only type of freehold estate recognized as a legal estate?

A fee simple absolute in possession.

Where is the authority for recognizing a fee simple absolute in possession found?

Section 1(1)(a) of the Law of Property Act 1925.

Define "fee simple absolute in possession."

• "Fee simple" = potentially lasts forever.

• "Absolute" = unconditional ownership rights.

• "In possession" = immediate property rights.

What is a term of years absolute?

A leasehold estate lasting for a specific, defined time period.

What is an "interest in land"?

A right to do something specific with land without full possession or enjoyment of it.

What does Gray and Gray say about land allocation?

Property law promotes the most efficient allocation of land resources.

What did National Provincial Bank Ltd v Ainsworth (1965) decide?

The bank’s legal charge took priority over the wife’s right to stay in the home.

What is the distinction between legal and equitable property rights?

Legal rights are strict and general; equitable rights modify common law to prevent unfair outcomes.

How did equity emerge in English law?

Through petitions to the Monarch and decisions by the Lord Chancellor when common law remedies were inadequate.

Name the foundations of the common law and equity systems.

Hundred courts, shire moots, manorial courts, royal courts.

What role did the royal courts play?

They created systematic, universal rules (common law) across England.

Why was the Provision of Oxford (1258) significant?

It restricted new writs, limiting the types of cases common law courts could hear.

What is the significance of the Earl of Oxford's Case (1615)?

Equity prevailed over common law when there was a conflict.

What principle emerged from the Earl of Oxford’s Case?

"Equity prevails over common law" in case of conflict.

What was the purpose of the Judicature Acts 1873-75?

To fuse common law and equity, allowing one court to apply both.

How do legal property rights differ from equitable property rights?

• Legal rights: Created by deed, registered, enforceable against the world (in rem).

• Equitable rights: Created informally, enforceable against specific individuals (in personam).

What types of estates are recognized as legal estates under the Law of Property Act 1925 s.1(1)?

Fee simple absolute in possession and leasehold estate.

What types of legal interests are recognized under s.1(2) of the Law of Property Act 1925?

Five types, including legal easements and legal mortgages.

What happens to other property rights not listed in s.1(1) or s.1(2)?

They can only exist as equitable interests (s.1(3) Law of Property Act 1925).

How do you identify whether a right is legal or equitable?

(1) Is it capable of being a legal right?
(2) How was it created (deed + registration for legal rights)?