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
the deed used to transfer the legal estate where title is unregistered
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 dealing with land (eg sale of a freehold estate)
the piece of land that is benefited by a proprietary right
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
the mortgagor’s interest in the mortgaged property
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)
the technical title for a freehold estate
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
the lease out of which the sub-lease has been granted
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)
inheritable rights that are intangible and which benefit land
an equitable remedy that forbids someone from doing something (eg erecting a fence that would obstruct a right of way)
a type of proprietary right entitling the holder to use and enjoy land of another
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
a leasehold estate (also known as ‘tenancy’)
the second largest of the estates in land that have legal capacity; has a fixed and certain maximum duration
permission given by a land owner (the licensor) to another (the licensee) to use his land
the grant of an interest in property as security for a loan
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
where the value of a mortgaged property is worth less than the debt
(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 method by which easements and profits can be acquired by evidence of long use
the existence of a contractual relationship between the parties
a direct relationship of landlord and tenant between the parties
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
land where title has been registered at the Land Registry
the person registered as owner of a legal estate in registered land
an interest in land granted under a settlement which takes effect after some previous interest has expired
similar to rent paid in respect of a lease but rather it relates to a freehold estate
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
the piece of land that is burdened by a proprietary right
a disposition of land which creates successive interests in that land
a procedure whereby a joint tenant becomes a tenant in common
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
services provided by a tenant in return for holding land from his feudal lord
the technical title for a leasehold estate
a person’s proof of ownership of property
the deed used to transfer the legal estate where title is registered
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
a person who holds legal title to property which is held by way of a trust
Back to top