CYCLE 1 LAND
Understanding Land Rights Quiz
Test your knowledge on land rights, easements, and licenses with our comprehensive quiz! Designed for students and enthusiasts of property law, this quiz covers essential concepts that will deepen your understanding of rights in rem and in personam.
Topics include:
- Legal and equitable rights
- Contractual vs. non-contractual permissions
- The Numerous Clauses Principle
PARTIES CREATED THE RIGHT WITH THE CONTENT OF AN EASEMENT BUT ELECTED FOR IT TO BE A RIGHT IN PERSONAM NOT REM
IDC v Clark
WALSH v LONSDALE
PARKER v TASWELL
Refers to the subset of rights in personam which allow the right-holder to be on the land - The person conferring a licence is the “licensor”; the right-holder is the “licensee”
LICENCE
BARE LICENCE
A non-contractual permission to be on another’s land (The permission granted by the licensor may be explicit or implicit)
LICENCE
BARE LICENCE
As promises are non-binding, the licensor can revoke their permission at any time, including prior to any agreed expiry time. Following revocation, the licensee is afforded a reasonable amount of time to leave the land, after which they become a trespasser
REVOCATION
A permission to be on another’s land which the licensor has to give because he has contracted to that effect with the licensee (The permission may be an express or implied term of the contract)
CONTRACTUAL LICENCE
(CONTRACTUAL LICENCES) As the licensor’s permission is contractually binding, it cannot be revoked prior to the agreed expiry time
Revoking a time-limited permission
Dictates that the number of rights in rem be strictly controlled
THE NUMEROUS CLAUSES PRINCIPLE
A right in rem which has the potential to be legal achieves legal status only if created by
Deed and registration - LRA 2002 s.27
REGISTERED = if listed on the Land Register against the freehold estate it burdens
(LRA 2002 s.32)
EQUITABLE RIGHTS IN REM MUST BE CONFERRED IN WRITING SIGNED BY THE CONFEROR. Absent such writing, the right simply does not exist- If they don’t and try verbally then it doesn’t count
LPA 1925 s.53(1)(a)
AN EXPRESS TRUST OF LAND MUST BE “MANIFESTED AND PROVED” BY WRITING SIGNED BY THE CONFEROR
LPA 1925 s.53(1)(b)
IF THERE IS A VALID, SPECIFICALLY ENFORCEABLE CONTRACT TO CONFER A POTENTIALLY LEGAL RIGHT IN REM, AN EQUITABLE VERSION OF THE RIGHT ARISES
Walsh v Lonsdale
A contract to confer a right in rem is VALID only it satisfies
LP(MP)A 1989 s.2
If the conferral lacks the formality to take effect in law but complies with LP(MP)A 1989 s.2, it is treated as a valid contract to confer
PARKER v TASWELL
This “discovered” contract to confer (parker v taswell) then generates an equitable right in rem
(Walsh v Lonsdale)
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