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Principles Of Land Law Notes

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Principles of Land Law _______________________________________________________

Personal & Property Rights Estates in Land Technically all land is owned by the Crown and the doctrine of tenure means that people don't own land, but own estates in land:
- In possession
- In remainder
- In reversion Personal rights = pertaining to the person - extinguishes upon death
- Licences (contractual or gratuitous) Property rights = pertaining to the physical place - runs with the land
- Estates o Freehold - freeholder's life & life of heirs - fee simple absolute in possession
? Commonhold (novel) = freehold units in a commonhold community o Leasehold estates: create relationship of landlord and tenant
? Tenant/lessee/grantee of lease = exclusive possession
? Sublease/underlease
? For a clear term or periodic - in all cases certain - 'time' defined in advance
- Proprietary interests o Mortgages o Easements o Covenants (obligation to do or not to do something) o Options to purchase o Equitable shares of ownership (co-ownership rights) o Equity by estoppel (S.116 LRA 2002)
- Trespasser = no rights over the land Tenancy at will - often follow on from an expired lease. Undetermined status (not protected by LTA 1954 so would appear to be more like a licence; however it might also be a grant of exclusive possession for a term at a rent which may be enough to give the occupier a protected tenancy) Non-proprietary leases?

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