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Freehold Estates
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Lecture notes of 3 pages for the course Land Law at UOS (Freehold Estates)
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Lecture 1: Freehold Land [Live]:A Land Law Map:
Land Law is about relationships between a
person and a thing, and how that
relationship can affect 3rd parties. essence
of property
Doctrine of Tenure:
- When Normans arrived, they brought
legal system and land law was
centred on Tenure.
- The king was the ultimate owner of
land, he would then grant land to
lesser people.
- We still have an idea that all land
ultimately resits with the Sovereign.
Doctrine of Estates:
- Refers to the duration or rights in land, challenge of dealing with language, estate
means something very peculiar.
o Freehold is the equivalent to ownership of land – does not have an end
date
o Leasehold term of years, best before date. Set period.
- ‘interest’ to a right over land that falls short of an estate
The Law of Property Act 1925 IMPORTANT DATE, ACT WAS INTRODUCED
- Established the modern structure of English Land Law
Relationship between Law and Equity:
- Lord Chancellor Person of a church
- Consequence:
o 2 sets of courts deciding, and there was competition as they were dealing
with similar cases
o They were then fused in administration
- Remain intellectually distinct bodies of law allow for distinctive remedies
The Trust:
- Divides ownership and management of land gives control on where the tax
burden falls.
- Equitable device
o Settlor: creates the trust
o Trustee: manages the trust property on behalf of the beneficiary
o Beneficiary: enjoys the fruits of ownership
Legal vs Equitable: Dual System:
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