Land Law Basics Flashcards

What must a valid express trust of land contain?

Answer: Certainty of intention, certainty of subject matter, and certainty of objects

For a valid express trust, the three certainties are required: (1) certainty of intention (clear intention to create a trust), (2) certainty of subject matter (the trust property must be identifiable), and (3) certainty of objects (the beneficiaries must be ascertainable).

What is 'co-ownership' of land in English law?

Answer: Where two or more people hold title to the same piece of land simultaneously

Co-ownership arises where two or more people hold simultaneous ownership of the same piece of land. In English law, co-ownership of the legal estate is always as a joint tenancy; co-ownership of the equitable interest may be either joint tenancy or tenancy in common.

What is the difference between a 'joint tenancy' and a 'tenancy in common' in land law?

Answer: Joint tenants own the whole property together with no individual shares; tenants in common hold distinct shares

Joint tenants own the whole property together (the right of survivorship applies — on death, their interest passes to the survivors). Tenants in common hold distinct shares that can be unequal and pass under their will or intestacy.

What is the 'right of survivorship' (jus accrescendi) in joint tenancy?

Answer: On the death of a joint tenant, their interest automatically passes to the surviving joint tenants

Jus accrescendi (the right of survivorship) means that when a joint tenant dies, their interest in the property automatically vests in the surviving joint tenant(s) — it cannot be left by will.

What is 'severance' of a joint tenancy?

Answer: The act of converting a joint tenancy into a tenancy in common, typically by written notice to the other co-owners

Severance converts the severing joint tenant's interest into a tenancy in common (so the right of survivorship no longer applies to their share). Under s.196 LPA 1925, severance can be achieved by written notice to all other joint tenants.

What is a 'restrictive covenant' in land law?

Answer: A negative obligation that restricts how land is used, which can bind successors in title

A restrictive covenant is a negative obligation imposed on land (e.g., not to build, not to use for commercial purposes) that, if it meets the requirements of Tulk v Moxhay [1848], can bind successor owners of the burdened land in equity.