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These flashcards cover key concepts, definitions, and principles related to Estates and Lands as discussed in the lecture.
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What is the primary focus of the Estates and Lands lecture given by Francis?
To explore concepts related to land law, specifically estates and interests.
What are estates and interests in the context of land law?
Estates refer to the type of hold over land, while interests relate to the rights of individuals to use or benefit from the land.
What pivotal historical event affects land ownership in the UK?
The Norman Conquest of 1066, which established that all land was ultimately owned by the Crown.
What are the two primary types of estates in land law?
Freehold and leasehold.
What is fee simple absolute in possession?
It is the legal term for freehold ownership recognized under Section 1(1)(a) of the Law of Property Act 1925.
What stipulations govern leasehold estates according to the Law of Property Act 1925?
Leaseholds are defined as term of years absolute under Section 1(1)(b), which requires a specified time period for occupancy.
What role does equity play in land law?
Equity supplements the law by considering fairness and justice in situations where common law may be too rigid or harsh.
What is required to create a legally binding deed in land transactions?
A deed must generally adhere to Section 52(1) of the Law of Property Act 1925, which requires it to be executed and witnessed.
How does one hold an equitable interest in land?
Equitable interests do not require formal documentation in situations like beneficial interests, but should ideally be recorded.
How does a mortgage function in relation to land ownership?
A mortgage is an interest created by the borrower giving the bank a hold on their property as security for a loan.
What is an easement, and how does it attach to the land?
An easement is a legal right to use someone else's land for a specific purpose, which becomes part of the land itself.
What are covenants in land law?
Covenants restrict the use of land and typically require written agreements to be enforceable.
What is the importance of land registry?
Land registry records legal interests in land, providing public notice of ownership and any attached rights or restrictions.
What is the fundamental difference between law and equity according to the lecture?
Law addresses rights through strict legal mechanisms often focused on punishment, while equity seeks fairness and can provide remedies not recognized by law.
What did the lecturer say about human relationships to land?
They emphasized that land relationships are constant and significant, affecting everyone in society.