estates and interests in land

what are the fundamentals of land law

1.it is about people and their relationships to land

2. in the UK all land belongs to the crown so the individuals cant “own” land outright they can only hold estates in land

3. the legal framework is split between the common law which is legal rights and equity which is fairness based rights

what are devices

estates which are rights to use land for time periods and interests which are rights over land

what are systems

law and equity

land registration

estates in land

it refers to the legal interest or ownership rights a person has in real property. it includes freehold estates and leasehold estates.

what is a freehold estate name, law, 2 features and example

the name is fee simple absolute in possession

law is s.1(1)(a) LPA 1925

2 features are indefinite duration (perpetual) and immediate right to possess

example: alan owns dun well farm = fee simple absolute in possession

what is a freehold estate name, law, 2 features and example

the name is term of years absolute

law is s.1(1)(b) LPA 1925

2 features are future or present right to possess and fixed duration (can be short)

example: bali rents outbuilding = term of years absolute

what are the two interests in land and their law

legal interests s.1(2) LPA 1925 and equitable interests s.1(3) LPA 1925

(Require Deed under s.52 LPA 1925)

• Mortgage – s.1(2)(c)

• Easement – s.1(2)(a)

• Rentcharge

• Right of entry

examples

C&B Bank takes a mortgage on the farm – legal interest

Derek has right of access for apples – legal easement

explain legal interests

(Generally require Contract under s.53(1) LPA 1925)

• Restrictive Covenant

• Beneficial Interest (cohabitee, trust etc.)

• Life Estate / Fee Tail

examples:

Alan agrees not to breed pigs = Restrictive Covenant (equitable)

Edna, Alan’s partner, not on title = Beneficial Interest (equitable)

explain equitable interests

give me the authority for each example

1. s,1(1)(a)

2. s.1(1)(b)

3. s.1(2)/(d)

4. s.1(2)(a)

5. s.1(3)

6. s.1(3)