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Glossary - Land Law
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A glossary of terms that are handy to have and understand when studying land law.
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GlossarySaturday, 25 September 2021 10:36
Adverse possession - The possession of land by someone other than the paper title owner, without
the owner's consent
Agreed notice - A notice on registered land that is agreed by the proprietor
Animus possidendi - Intention to possess the land to the exclusion of all others
Annexation - The permanent attachment of the benefit of a covenant to the land of the covenantee
so that it passes with the land
Beneficial interest - The equitable interest of a beneficiary under a trust
Beneficiary - The person entitle in equity to land held on trust
Bona fide - In good faith
Building scheme (for scheme of development) - A defined area of land sold by a single vendor in
plots that are subject to restrictive covenants intended to benefit the whole
Certain term - A period that has a specified beginning and end
Charge - A legal or equitable interest in land, securing the payment of money
Charges register - The part of the register of title that contains encumbrances such as restrictive
covenants and mortgages
Chattels - Property other than land
Commonhold - A form of registered freehold that can be used to divide ownership of a building with
shared common parts
Common law - The system of law initiated after the Norman conquest
Concurrent interest - Where owners hold an interest in the land at the same time
Constructive trust - An implied trust based on express or implied agreement to share the ownership
of land
Conveyance - A formal legal document transferring land
Conveyancer - A person who specialises in the transfer of estates in land
Corporeal hereditaments - Real property having a physical form
Covenant - A promise made by deed
Covenantee - The person to whom the promise in a covenant is made
Covenantor - The person making the promise in a covenant
Cuius est solum eius est usque ad coelom et ad inferos - 'He who owns the land owns everything
reaching up to the very heavens and down to the depths of the earth'
Curtain principle - The principle in registration of title that the details of any trusts affecting the land
should be kept off of the title
Deed - A formal legal document satisfying the requirements of Section 1 of the Law of Property
(Miscellaneous Provisions) Act 1989
Dominant owner - The owner of the land that benefits from the easement
Dominant tenement - The land to which the benefit of an easement is attached
Easement - A right enjoyed over the land for the benefit of another piece of land
Equitable - A right or remedy operating only in equity
Equitable charge - An equitable interest in land that secures repayment of a loan
Equitable interest - An interest that is recognised by equity either because it fails to comply with the
requirements of a legal interest or because it can only be recognised in equity
Equitable lease - A lease that fails to fulfil the requirements of a legal lease but meets the
requirements of a contract for a lease
Equitable mortgage - A mortgage under which the mortgagor does not acquire a legal interest in the
land
Equitable right of redemption - The right of the mortgagor to pay off the mortgage
Equity - The law developed by the Lord Chancellor and the Court of Chancery to remedy the defects
in the common law
Equity of redemption - The right of the mortgagor in the land which includes the equitable right of
redemption
Equity's darling - The bona fide purchaser for value without notice
Estate - A type of proprietary right entitling the holder to possess, use, and enjoy land for a period of
time, be it unlimited (freehold) or fixed (leasehold)
Land Law Page 1
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