Interactive glossary
a process by which title to land can be acquired through acts of possessing land of another (1) until such time as the real owner is statute-barred from recovering the land (at which point his title to land will be extinguished) or, (2) until such time as the adverse possessor is registered as owner
a transfer of a proprietary interest (used, eg, in relation to a transfer of a lease or reversionary interest or in relation to the transfer of a benefit of a restrictive covenant)
a person who holds a beneficial interest in property held by way of a trust chattel a thing usually not fixed to the land and not regarded as forming part of the land (as opposed to a fixture)
a form of freehold estate applicable to blocks of flats where unit holders hold the freehold of their flat (unit) and a commonhold association, of which unit holders are members, holds the freehold of the common parts
a promise made by deed (requiring someone either to do something, ie positive, or not to do something, ie negative)
the person in whose favour a covenant is made and thus who has the benefit of a covenant and may enforce it if breached
the person from whom a covenant is extracted and thus who has the burden of the obligation
a document compliant with s 1 LP(MP)A 1989 and normally required to create a legal estate or interest in land
a proprietary right exercised over one piece of land (the servient tenement) for the benefit of another piece of land (the dominant tenement); can be positive or negative in nature
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) to the exclusion of others
a contract to grant an estate in land (includes options to purchase and rights of pre-emption)
a thing that has become fixed to land so that it becomes part of the land (as opposed to a chattel)
the largest of the two estates in land that have legal capacity; lasts in definitely until such time as the owner dies without heirs
where a right exists in gross, it is not for the benefit of a dominant piece of land but merely for the benefit of an individual (eg profits à prendre can exist in gross, easements cannot)
an equitable remedy that forbids someone from doing something (eg erecting a fence that would obstruct a right of way)
a disposition which takes place during the lifetime of the grantor (rather than by operation of his will upon his death)
a way of holding co-owned property, where co-owners are seen as a single legal entity holding the whole of the property as a single owner (contrast tenant in common). The right of survivorship operates between joint tenants
the second largest of the estates in land that have legal capacity; has a fixed and certain maximum duration
the person to whom a mortgage is granted and who acquires an interest in the property of the mortgagor as security for money lent
the person who creates the mortgage and grants an interest in his property to the mortgagee as security for a loan
(1) knowledge of an interest: actual (real knowledge); constructive (knowledge of things you could have found out about if you had made reasonable enquiries); imputed (knowledge acquired by an agent acting on your behalf); (2) a type of entry that appears in the charges section of the register of title protecting certain interests in registered land
a procedure by which a purchaser of a legal estate can take that estate free from certain equitable interests, notably beneficial interests under a trust, provided purchase monies are paid to at least two trustees or a trust corporation
an interest in registered land that binds third parties coming to the land without any need to be protected by being entered on to the register
a right not exercised against the land itself (as opposed to a proprietary right) and (generally) can only be enforced against the person who gave it to you
a proprietary right that allows a person to go on the land of another and take something from that land, be it natural produce of the land or animals
a right governing a person’s ability to use and enjoy land that is potentially enforceable against third parties (as opposed to a personal right)
a legal mortgage of unregistered land that is not secured by the deposit of title deeds. Usually a second or subsequent mortgage
when used in its technical sense, a person who acquires an estate or interest in land through the action of another, rather than automatically by operation of law
a right exercised over, and for the benefit of, your own land which has the potential to develop into a proper easement should that land be divided into two plots that are separately owned and/or occupied
an interest in land granted under a settlement which takes effect after some previous interest has expired
a type of entry that appears in the proprietorship section of the register of title limiting the way in which the registered proprietor can deal with the land
the right remaining in a grantor after he has granted some interest to another that is shorter in duration to his own (eg landlord retains a reversionary interest upon granting a lease)
a process which occurs automatically upon the death of a joint tenant of co-owned property whereby his entitlement to the property extinguishes and the co-owned estate survives to the remaining joint tenants
an equitable remedy that requires someone to do something (eg perform a contract for the transfer of a freehold estate)
creation of a sub-lease, a lease granted by a landlord who is himself a tenant of another lease (the headlease)
a way of holding co-owned property where each co-owner holds a distinct, individual but as yet undivided share in the property (contrast joint tenancy). The right of survivorship does not operate between tenants in common
a way of holding property whereby legal title vests in the trustee(s) and the beneficial interest vests in the beneficiaries
a trust whereby the trustees have a duty to sell. Since TLATA 1996, now takes effect as a trust of land
a trust whereby trustees have a power to sell. Introduced by TLATA 1996. Any trust with land as trust property will be a trust of land