A more recent version of these Principles Of Land Law notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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
? 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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