Basic Glossary OF LAND LAW Terms PDF

Preview

Summary

Download Basic Glossary OF LAND LAW Terms PDF

Description

BASIC GLOSSARY OF LAND LAW TERMS

The purpose of this glossary is to introduce you to certain terms but there is no substitute for the definitions provided in statutes or cases Alienation

The act of disposing or transferring property

Assent

A document used to transfer land from a deceased person's Personal Representatives to those entitled to it under the will or intestacy rules

Assignment

The transfer of an interest in property

Beneficial Interest

The interest of a beneficiary under a trust

Charge

An incumbrance on property securing a debt (see also mortgage)

Chattel Real

Leasehold

Chattel Personal

Personal Property (not land)

Contingent Interest

An interest of a beneficiary under a trust which will not take effect until some specified condition is fulfilled

Conveyance

A document transferring legal ownership of freehold (unregistered) land

Covenant

A promise contained in a deed

Deed

A document which satisfies the requirements of s1 Law of Property (Miscellaneous Provisions) Act 1989

Demise

Grant of a lease

Distress

Right of a landlord to seize goods of tenant who owes rent

Easement

A right over land for the benefit of another plot of land

Equity

The body of law developed by the old courts of chancery

Estate Contract

A contract to transfer or create a legal estate in land

Executors

Persons appointed by will to administer the estate of a deceased person

Freehold

A type of legal estate in land

Incumbrance

A liability burdening land

Intestacy

Where a person dies without leaving a valid will to dispose of all their property

School of Law, Criminology and Political Science

University of Hertfordshire

Jus accrescendi

The right of survivorship that arises where there is a joint tenancy

Leasehold

A type of legal estate in land

Licence

Express or implied permission to enter land without being a trespasser

Life interest

The interest of a beneficiary under a trust who has the right to enjoy the property during his lifetime

Minor Interest

An interest in registered land which is not overriding and is not registrable

Mortgage

The creation of rights over land as security for a loan

Overreaching

The transfer of rights under a trust of land from land to the proceeds of sale of land

Overriding Interest

An interest in registered land which binds purchasers even if not entered on the register

Personal Representatives

The persons who administer the estate of a deceased person

Possession

Immediate entitlement to land -i.e. right to physically possess land or to receive rent and profits from it

Property

A generic term-includes chattels and land

Profit `a prendre

The right to take something from the land of another

Restrictive Covenant

A covenant restricting the use of land

Reversion

A right remaining in a grantor after he has granted some interest shorter in duration than his own

Settlement

A trust creating successive interests

Squatter

A person who wrongfully occupies land of another

Tenure

A set of conditions upon which land is held (derives from the feudal system)

Term of years

A certain fixed period during which a tenant under a lease holds land

Trust of Land

Any trust in which some or all of the property held on trust is land (see Trusts of Land & Appointment of Trustees Act 1996)

LLB Programme 2016/17

2

Land Law Module Guide Version 1...