- Settlements
-
Tenure & Estates
(1066 - 1925)
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Tenure
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Feudal Systems:
Norman Conquest
- Grants of land
- Services e.g. socage
- Law Commission plans to abolish
-
Estate
-
the duration of tenure in land
(Walsingham's Case (1573) 2 Plowd 547)
- Subtopic 1
- Leasehold
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Freehold
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Life Estate
- Own life or
- Life of seller
- Estate pur autre vie
- Maxim: nemo dat quod non habet
- "No one can give
what they do not have."
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Fee Simple
- Nearest thing to
absolute ownership of land
- "To A & his heirs"
= All A's relatives + buyers' heirs
- "Forever" estate
- Absolute
- Qualified
- Conditional
- Determinable
- Base Fee (failed entail bar)
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Fee Tail
- "To A & heirs of his body"
= Only A's direct lineage
- Estate reverts of fee simple holder
on death of last descendent of A
- Barring the entail
- Converts to fees simple
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Concepts
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Types of Interest
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Title
- Chain of owners
- Presumption due
to possession
- Beneficiary
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Separation rights
from physical object
- Own "Estate in Land"
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Allows division of rights
- Landlord/tenant
- Slices of time
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Successive interests
- In possession
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In reversion
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Two meanings:
- Right to return of absolute possession
after life/term interest ends
-
Right to return of physical possession
after leasehold ends ('Freehold reversion')
- During lease, feeholder has right 'in possession',
satisfied by rent rather than physical possession
- In remainder
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Vested & Contingent
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Vested = current right to future enjoyment
- L. vestire "to clothe"
- Analogy: person's place in a queue
- Contingent = potential right, dependant on a condition being met
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1925 Legislation
-
6 property Acts
-
Law of Property Act
-
Reduced types of
legal rights (s1)
- 2 estates
- Fee simple absolute
in possession
- Term of years absolute
(leasehold)
- 5 Interests
- e.g. easement, mortgage
- Any other rights = equitable
- Settled Land Act
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Trustee Act
- Subtopic 1
- Adminstration of Estates Act
- Land Charges Act
- Land Registration Act
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Need for change
-
Settlements
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External costs
- Social stagnation
- Class of 'useless rentiers'
- Fewer commercial opportunities
- Increased land prices
- Poorer housing
- Transactions costly & risky
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Internal costs
- Reduced freedom for 'limited owners'
- Fragmented land ownership
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Wealth
- Rise of industrial/middle class
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Expansion of Trusts law
- Alternatives to land as investments
- e.g. Shares
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Land = 'badge of citizenship'
- Requirement for power