This chapter discusses the law and practice relating to the administration and winding up of an estate once the court has issued the grant. It considers the duties and powers of personal representatives; administering the estate; and distributing the estate.
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Clare Firth, Jennifer Seymour, Lucy Crompton, Helen Fox, Frances Seabridge, Jennifer Seymour, and Elizabeth Smart
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The doctrine of estates appears to be a logical consequence of tenure. The theory underpinning Land Law in England is that all land belongs to the Crown and that people held the land from the Crown, originally, in return for the performance of services. In this case, the tenants did not actually own the land itself, but only held an interest, or estate, in the land. Certain incidents of ownership can be divided between different people at different times, a process facilitated by the doctrine of estates. This chapter focuses on the doctrines of tenure and estates. It discusses freehold estates, which include the fee simple, the life estate, and the fee tail, as well as the co-existence of estates, ownership and possession of land, and leasehold estates.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
The doctrine of estates appears to be a logical consequence of tenure. The theory underpinning Land Law in England is that all land belongs to the Crown and that people held the land from the Crown, originally, in return for the performance of services. In this case, the tenants did not actually own the land itself, but only held an interest, or estate, in the land. Certain incidents of ownership can be divided between different people at different times, a process facilitated by the doctrine of estates. This chapter focuses on the doctrines of tenure and estates. It discusses freehold estates, which include the fee simple, the life estate, and the fee tail, as well as the co-existence of estates, ownership and possession of land, and leasehold estates.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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This chapter addresses estate contracts, options to purchase, and rights of pre-emption. ‘Estate contracts’ is a generic term given to contracts relating to the intended transfer of estates in land, i.e. the freehold and leasehold estate. The consequence of an estate contract varies depending upon the kind of interest which it is intended will be created and the precise nature of the agreement reached between the parties. This can lead to some conceptual difficulties. Meanwhile, options to purchase and rights of pre-emption are two kinds of estate contract. Both involve an agreement between a freehold or leasehold proprietor and a potential purchaser in relation to that estate. An option to purchase entitles its holder to demand that the proprietor sell that estate to them, usually within a defined time period, for a pre-determined or determinable price. The right of pre-emption is, in effect, a right of first refusal. It does not allow its holder to force the proprietor of the estate in land to sell, but means that if that person does decide to sell, it must first be offered to the holder of the pre-emption right.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the acquisition of a fee simple estate in land. It first describes the two freehold properties that are currently for sale in Trant Way, Mousehole, Stilton. It then explains two systems of title and provides an outline of the conveyancing process.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter continues the discussion of the planned purchase of 2 Trant Way, which has an unregistered title, by Barbara Bell. It looks at what Barbara (or, more likely, her professional adviser) will have to do, either before or after exchanging contracts, to ensure that it is safe for her to buy the property. Barbara will need to check two things about the property she is planning to buy. She needs to ensure that: Victoria Ventnor, the vendor, owns the property she is offering to sell; and the property is free from any encumbrances (third-party rights) other than those which have already been revealed. The chapter explains how these two aspects of proving title are dealt with in the unregistered system.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the leasehold estate. A lease is one of the estates in land capable of being legal. Without both certainty of term and exclusive possession there can be no lease, although the presence of both does not necessarily mean that a lease exists. Formalities for the creation of a legal lease differ depending upon the duration of the lease. Where these formalities have not been met, an equitable lease may exist provided there is a valid contract capable of specific performance. An equitable lease is not as good as the legal equivalent. The most common types of leases are fixed term and periodic. The process of terminating a lease by forfeiture varies depending upon the type of covenant breached.
Chapter
Clare Firth, Jennifer Seymour, Lucy Crompton, Helen Fox, Frances Seabridge, Jennifer Seymour, and Elizabeth Smart
This chapter provides an overview of Chapters 13 to 15. When a person dies, their relatives or friends usually deal with the most pressing matters—registering the death and arranging the funeral—before consulting a solicitor. In simple cases, or where the deceased has left little property, it may well be that a solicitor is not consulted at all. Commonly, however, the advice of a solicitor will be sought as to who is entitled to the deceased’s property, as to the liability of the estate to tax, and generally as to ‘what has to be done’ in order to pass the deceased’s property to those now entitled to it.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the leasehold estate. A lease is one of the estates in land capable of being legal. Without both certainty of term and exclusive possession there can be no lease, although the presence of both does not necessarily mean that a lease exists. Formalities for the creation of a legal lease differ depending upon the duration of the lease. Where these formalities have not been met, an equitable lease may exist provided there is a valid contract capable of specific performance. An equitable lease is not as good as the legal equivalent. The most common types of leases are fixed term and periodic. The process of terminating a lease by forfeiture varies depending upon the type of covenant breached.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the concepts of tenure and estates. It describes what tenure is in both the historical and modern-day context; describes what an estate is; and describes the various forms of estate. It covers feudal tenures; leasehold tenure; commonhold; estates; fee simple; fee simple estates before 1926; fee simple estates after 1925; modified fee simple estates; fee tail; life estates; estates in possession; estates in reversion; estates in remainder; and interests under trusts.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the concepts of tenure and estates. It describes what tenure is in both the historical and modern-day context; describes what an estate is; and describes the various forms of estate. It covers feudal tenures; leasehold tenure; commonhold; estates; fee simple; fee simple estates before 1926; fee simple estates after 1925; modified fee simple estates; fee tail; life estates; estates in possession; estates in reversion; estates in remainder; and interests under trusts.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the freehold estate. The freehold estate is the larger of the two estates in land that has legal capacity and a person who holds a freehold estate over land is tantamount to being the owner of that land. The legal freehold estate is technically known as the fee simple absolute in possession and the characteristics of a legal freehold estate can be found from interpreting this technical definition. A contract for the transfer of a freehold estate must meet the requirements under s 2 Law of Property (Miscellaneous Provisions) Act 1989. A valid and specifically enforceable contract for the transfer of a freehold estate will give the purchaser an equitable interest in the land to be purchased, known as an estate contract.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the freehold estate. The freehold estate is the larger of the two estates in land that has legal capacity and a person who holds a freehold estate over land is tantamount to being the owner of that land. The legal freehold estate is technically known as the fee simple absolute in possession and the characteristics of a legal freehold estate can be found from interpreting this technical definition. A contract for the transfer of a freehold estate must meet the requirements under s 2 Law of Property (Miscellaneous Provisions) Act 1989. A valid and specifically enforceable contract for the transfer of a freehold estate will give the purchaser an equitable interest in the land to be purchased, known as an estate contract.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the nature of the freehold estate, and the impact of the 1925 Act on the freedom of a landowner to create limited or ‘successive’ freehold estates (such as life estates, estates for the life of another, and estates that are determinable or contingent on some event). It illustrates the law by reference to the case of David Derby, the owner of 4 Trant Way, who wants to give estates in the land to his niece, nephew, and friends on certain specific conditions. It concludes with a brief discussion of ‘commonhold’, a method for freehold owners of mutually interdependent properties (such a flats) to manage the shared spaces affecting all their properties.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussions also cover topics such as tenure, estates in land (freehold and leasehold estates), and the two modern legal estates.
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Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the case of David Derby, owner of the freehold estate in 4 Trant Way, who has decided to give the estate to one of three relations and is considering three possible dispositions. It is necessary to consider whether each of these three possible gifts would vest in the person concerned a legal fee simple absolute in possession, or would create an interest in land which is less than a legal estate. The phrase ‘fee simple absolute in possession’ imposes a series of requirements, all of which must be satisfied if the estate is to qualify as a legal one. The chapter examines these requirements in more detail, and considers whether the proposed gifts would satisfy them. The chapter contains a short consideration of commonhold.
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The purchase deed transfers the legal estate in the property from the seller to the buyer. Whereas the contract sets out what the parties have agreed, the purchase deed actually puts those agreed terms into effect. This chapter discusses drafting and approving the deed; forms of purchase deed; the plan in a purchase; execution of purchase deed; and advising the client.
