Please enable JavaScript.
Coggle requires JavaScript to display documents.
LAND LAW REVISION 2 - ESTATES IN LAND - Coggle Diagram
LAND LAW REVISION 2 - ESTATES IN LAND
Only
5 types of LEGAL INTEREST
MERRP
Mortgages
Easements
Rentcharge
Freehold land
Right of entry +
possession
if default
Periodic payment on land
Rights of Entry
Profits a prendre
CREATING LEGAL INTERESTS
USE A
DEED
IF DEED FAILS
May still be
EQUITABLE
Eg equitable lease - not within short-term lease parameters, deed not used
Made when a lease is
longer than 3 yrs
(see left) hasn’t been made by deed, AND there is nonetheless a valid contract for land
2 ESTATES IN LAND (legal)
Fee simple absolute in possesion
Freehold
Term of years absolute
Lease
Note there are only
2 types of legal estate, only 5 types of legal interest
Commonhold (type of freehold)
Commonhold Association
Comprised of unit owners
Company limited by
guarantee
Owns public sections of estate
Memorandum identifies land owned as commonhold
Commonhold Community Statement
Rights and duties of
Associations and Owners
Positive covenants
binding on future holders via
leases
Meant to replace leases for flats + business parks
Concurrent Interests
= having multiple legal and equitable interests in 1 land at the same time
Proprietary Estoppel
Assurance
claimant would have
interest in land
Reasonable reliance on assurance
(behaviour change)
Detriment
from reliance
Unconscionable
to not grant remedy
Valid Deed
Writing
State on its face is
deed
Signed
by grantor
in presence of witness
Be
delivered
(dated/sealed) -> shows
intention to be bound