Guide Questions with Actual Answers
2026 Updated.
what is land law about? - Answer it is about people’s rights in relation to real property (land)
'rights' in land? - Answer estates in land + interests in land
true or false: the crown holds the superior interest in all land, meaning that while landowners
have estates in land, their rights originate from the crown - Answer true
doctrine of tenure - Answer Crown owns all land - no absolute ownership by individuals
(oblished by Tenures Abolition Act 1660)
people hold land from the crown - Answer tenure (landholding relationship)
doctrine survives as a background principle - Answer individuals have estates in land (e.g.
freehold, leasehold) Crown remains 'ultimate owner'
doctrien of estates: works with Doctrine of Tenure - Answer tenure=relationship to crown;
estate = the time/extent of rights in land
You do not own the land itself - Answer You own an estate in land
main estates in land - Answer Law of Property Act 1925
freehold (fee simple absolute in possession) - Answer potentially lasts forever
leasehold (term of years absolute) - Answer fixed period of time
ownership of an estate in land - Answer ownership of rights in a piece of land for a period of
time
2 types - Answer freehold and leasehold
estates in land (freehold estate) - Answer Ownership is potentially forever
,technical name: fee simple absolute in possession
estates in land (leasehold estate) - Answer period of ownership is fixed (e.g. a lease for more
x months/years)
technical name: term of years absolute
if there is a lease... - Answer more than one estate will co-exist in the same land
true or false: In England, if someone dies without a will (intestate) and has no heirs under the
interesting rules, then their land (and other property) passes to the Crown - Answer true;
the process is called Bena Vacantia. "ownerless goods")
freehold estate lasts for an unlimited duration - Answer forever
ownership of an interest in land - Answer ownership of a night in someone else's land
naming and explaining some interests in land - Answer 1) easements
2) restrictive covenants in freehold land
3) mortages
4) home rights
5) estate contracts
6) interest of a beneficiary under a trust of land
1) easements - Answer 'a right which the owner of land 'X' enjoys over land 'Y' for the
benefit of land 'X''
2) covenants - Answer (promises by deed), a mortgage, Family, Law Act 1996 gives a
spouse/civil partner a right to occupy the matrimonial home (if the other partner is the sole
legal owner)
estate contract - Answer a contract to create or transfer a legal estate in a property
conveyancing + the place of an estate contract - Answer - inital decision to buy/sell (not
binding)
- estate contract
- completion = transfer of legal ownership on payment of £££
, there are also 2 more types of contract to create/transfer a legal estate that are called estate
contracts. An option and a right of pre-emption - Answer a right of first refusal
distinction between personal rights and proprietary rights - Answer - proprietary rights exist
in the land itself
- personal rights operate in relation to land but are personal to the parties
proprietary rights - Answer leases, easements, restricitve covenants, mortgages, estate
contracts
proprietary rights; characteristics - Answer enforceable - capable of binding a new owner of
the land
transferable - capable of being transfered to another person
hierarchy of rights - Answer personal rights - proprietary rights - leasehold - freehold
Proprietary rights survive a change of ownership in a piece of land? - Answer The Land
Registration Act 2002
legal - Answer needs a deed
(deed needs witnesses)
equitable - Answer usually needs signed writing
rights capable of being legal are in ...? - Answer s.1(1) & (2) LPA 1925
estates (s.1(1) & (2) LPA 1925) - Answer freehold and leasehold
interests (s.1(1) & (2) LPA 1925) - Answer - easements that last forever or for a fixed period
of time
- mortgages
- rights of entry contained in a legal lease
s.1 (1) law of property act 1925 two estates can be legal... - Answer 1) freehold (fee simple
absolute in posession)
2) leasehold (terms of years absolute)