Property Law & UK Land Law Flashcards

What is the difference between freehold and leasehold ownership of property in England and Wales?

Answer: Freehold ownership is absolute ownership of the land indefinitely; leasehold is ownership for a fixed term granted by the freeholder

Freehold (or 'fee simple absolute in possession') represents outright, indefinite ownership of land and any buildings on it. Leasehold is a time-limited right to occupy and use land, granted by the freeholder (landlord) under a lease. The leaseholder (tenant) has a proprietary interest but must comply with lease terms.

What is an 'easement' in English land law?

Answer: A right benefiting one piece of land (the dominant tenement) that burdens another piece of land (the servient tenement), such as a right of way

An easement is a legal right annexed to land that allows the owner of the dominant tenement to use the servient tenement in a specific way. Common examples include rights of way, rights of light, and rights to run services (drains, pipes) across neighbouring land. Easements can be express, implied, or acquired by prescription.

Under the Land Registration Act 2002, what is the effect of first registration of a property at the Land Registry?

Answer: The registered proprietor's title is guaranteed by the state — the Land Registry maintains an authoritative record of ownership

The Land Registration Act 2002 introduced a system of state-guaranteed title. Once registered, the Land Registry's register is the definitive record of ownership, and the state indemnifies those who suffer loss due to mistakes in the register. This makes conveyancing more certain than the old unregistered system.

What is a 'restrictive covenant' on land and how does it affect a surveyor advising on a purchase?

Answer: A binding obligation preventing the landowner from carrying out certain activities on the land, which may restrict development or use — surveyors must advise purchasers of these burdens

A restrictive covenant is an obligation not to do something on land that binds successors in title. Common examples include not building additional dwellings, not carrying out trade from the property, or maintaining a boundary structure. Surveyors must identify registered and unregistered covenants as they can significantly affect value and saleability.

What is the significance of 'adverse possession' (squatter's rights) for a surveyor advising a property owner?

Answer: A person who has occupied land without the owner's permission for the requisite period may be entitled to claim title to it — registered land requires 10 years of adverse possession before a claim can be made

Under the Land Registration Act 2002, an adverse possessor of registered land can apply for registration after 10 years of adverse possession. The registered owner is notified and has the opportunity to object. For unregistered land, the old 12-year limitation period still applies. Surveyors advising on boundaries or disputed land should consider adverse possession claims.

What does 'caveat emptor' mean in a property transaction and how has it been modified by statute?

Answer: 'Let the buyer beware' — the buyer is responsible for discovering defects before purchase; modified by consumer protection legislation and seller disclosure requirements for certain defects

Caveat emptor historically placed the burden on buyers to investigate property condition thoroughly. While still applicable in principle, it has been modified by legislation including the Consumer Protection from Unfair Trading Regulations 2008 (requiring sellers to disclose material information that might affect a buyer's decision) and RICS Home Survey standards.