Land Law Essentials Flashcards

What is the key distinction between a freehold and a leasehold estate in land?

Answer: A freehold is of potentially infinite duration; a leasehold is for a fixed maximum term

The fundamental distinction is duration. A freehold (fee simple absolute in possession) is an estate of potentially infinite duration — it does not expire. A leasehold (term of years absolute) is granted for a fixed maximum period, which can range from days to 999 years. Both are legal estates under s.1(1) of the Law of Property Act 1925.

Under the Land Registration Act 2002, which of the following interests must be completed by registration to take effect as legal interests?

Answer: A transfer of freehold land

Under the Land Registration Act 2002, certain dispositions of registered land must be completed by registration to operate at law. These include transfers of freehold estates, grants of leases over 7 years, and express grants of legal charges. Until registration is completed, such interests take effect only in equity (s.27 LRA 2002).

What is an easement in land law?

Answer: A right enjoyed by one piece of land over another, such as a right of way

An easement is a right that benefits one piece of land (the dominant tenement) over another piece of land (the servient tenement). Common examples include rights of way, rights of light, and rights of drainage. The four requirements from Re Ellenborough Park [1956] are: there must be a dominant and servient tenement, the easement must accommodate the dominant tenement, the dominant and servient owners must be different persons, and the right must be capable of forming the subject matter of a grant.

What is the effect of a restrictive covenant on land?

Answer: It restricts the use of the burdened land in some way for the benefit of neighbouring land

A restrictive covenant is a promise by one landowner not to use their land in a specified way, for the benefit of neighbouring land. For the burden to pass to successors in equity, the covenant must be restrictive (negative) in nature, it must touch and concern the dominant land, and the original parties must have intended it to bind successors (Tulk v Moxhay [1848]). In registered land, it must be protected by a notice on the register.

What are 'overriding interests' under the Land Registration Act 2002?

Answer: Interests that bind a purchaser of registered land even though they do not appear on the register

Overriding interests (listed in Schedules 1 and 3 of the LRA 2002) are interests that bind a purchaser of registered land despite not being entered on the register. They include short leases (7 years or less), interests of persons in actual occupation (subject to certain conditions), and legal easements. They represent an exception to the 'mirror principle' of land registration.

In the context of co-ownership, what is the difference between a joint tenancy and a tenancy in common?

Answer: Joint tenants have the right of survivorship; tenants in common have distinct shares that pass under their will or intestacy

The key distinction is the right of survivorship (jus accrescendi). Under a joint tenancy, when one co-owner dies, their interest automatically passes to the surviving joint tenant(s), regardless of any will. Under a tenancy in common, each co-owner has a distinct share that forms part of their estate on death and passes under their will or the intestacy rules. At law, co-owners must hold as joint tenants (s.36 LPA 1925), but in equity they may hold as tenants in common.