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Interests in Land
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Detailed notes relating to interests in land. Helped me achieve a distinction (83%) in my final exam.
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By: ek199684 • 5 year ago
By: alizaysophia • 7 year ago
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LAND LAW| 4: INTERESTS IN LAND Interest in land = proprietary right s1(2) LPA 1925.
s1(2)(a-e) LPA 1925 sets out the different legal interests in land that can be created:
Legal Interests:
LEGAL INTERESTS UNDER s.1(2) LPA
̶ Easements = positive right to do something on someone
(a) Easements and profits else’s land, e.g. right of way.
Must be equivalent to an ̶ Can also have a negative easement preventing the
estate in fee simple or term landowner from doing something on his land/using his land in
a certain way – this type of easement is rare, e.g. a right to
of years absolute light = preventing landowner from building in a way that would
block the neighbour’s light.
̶ Easements allow third parties to enjoy rights over
someone else’s land without taking anything from the
land.
̶ Profits á prendre/privileges = allow a third party to take
something from the land, e.g. fishing rights.
Not part of the syllabus
(b)Rentcharges
Mortgage lender has an interest in the land as security for the
(c) Charge by way of legal loan.
mortgage
Not part of the syllabus
(d)“Any other similar
charge…not created by
an instrument”
There are two types of rights of entry:
(e) Rights of entry
1.) Right of a landlord to enter leasehold land to terminate a
legal lease for breach of covenant.
2.) Right to enter a freehold to enforce a legal rentcharge.
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