Cuius est solum rule
This is a Latin tag. ”whoever owns the soil owns it from the sky down to hell” . An estateholder owns below ground down to 500 feet. She also owns above ground. But a plane flying at a reasonable heigh above will not be trespass
This is something that is fixed to real property. Real property is like real estate – meaning a land or a building. If removing something from the land or building would damage the land or building then this thing is a fixture such as piping or electric wiring. When someone sells a house he is usually not entitled to take fixtures with him
These are movable goods such as furnitures. Sometimes they are called personalty.
ownership of land
Those who own land are said to hold it. In the strictest legal sense the Crown owns all land and the holders only have an interest in it.
England has an allodial title system. This means that the fee simple owner cannot have it taken off him. If someone had allodial title then there is no superior landlord over him.
possession of land
If someone possesses something he intends to possess it. The possessor is not always the owner. An owner can assign possession to someone else – to someone renting the property from the owner or to a property manager.
concept of title to land
The title is the right to own the land. This is usually supported by legal documents called title deeds. In some countries some people have no such documentation. There is customary title – that is to say that a person and his ancestors have occupied some land for a long time and in their tradition are considered to own the land.
theory of tenure
doctrine of estates
legal estates in land
An estate is one of several types of land holding. Someone can have an estate for a set number of years. It could be an estate for life. It could be an estate in fee simple. There is estate pour vie auteur – that means you hold it while someone else is alive.
legal estates and interests are in rem – they are rights against the world.
Fee tail estates go to the heir’s of one’s body.
feudal of tenure
As of 1066 all land in England was owned by the king. He then parcelled it out. People were give it for ever or for life or a set number of years. Services were demanded in return.
fee simple estate
fee simple estate is an estate in land. It is sometimes called fee simple absolute. This is freehold ownership.
Land held in fee simple can be conveyed away, sold or mortgaged as security.
fee simple is alienable, devisible and descendible.
modified fee simple
this is like fee simple absolute but it is more limitied. In this the owner can create a condition and the heir has to obey this condition in order to own the land
This mean temporarily holding land as a tenant or a lessee. The ultimate owner is the lessor.The lessee has this for a fixed period or sometimes for life. Tempoary could still be for many years like 99.
At the end of the lease the occupier has a right to remain in occupation in return for paying rent. GThat is leasehold.
A term of years is NOT automaticallty renwed at the option of the lessee.
This means land and buildings. They are not movables.
This is movable property. It can includes animals. It means clothes, furniture etc…
These are rights relevant to one person rather than to the real property. So an individual has a right to a property but this right will not survive the individual. It does not relate to the estate so much as to the individual.
Here a trustee agrees to manage property for the benefit of a beneficiary. It is sometimes to hide land ownership.
This person manages the trust estate.
The settlor owns the trust property originally and he sets up the trust for the benefit of the beneficiaries. Usually this is a a man setting it up for his descendants. He is sometimes called the trustor or grantor or donor.
beneficiary and beneficial interest
A beneficial interest is a right than someone has arising from a contract with another. The beneificary os the one gaining from it.
beneficial interert is a right of value in property that one does not own. This is different from beung a trustee or s full legal owner.
This can be the creation of a trust by a deed to keep the legal estate in the same family for centuries.
legal right – and when it is binding on third parties
This is a system of justice that is outside the legal rules. This is about fairness and conscionability. There are 12 equitable maxims.
equitable right / interest. and when it is binding on third parties
This is an interest that is held by equity and not by legal title but can sometimes allow the holder to later claim full legal title. If an equitable right is violated the holder can then obtain an equitable remedy.
equitable right that is not conveyed properly may still be valid due to Walsh v Lonsdale
”equity looks on as done that which ought to be done.”
Law of Property Miscellaneous Provisions Act 1989. All sales must be in writing. Equity cannot overcome this.
estate in possession
estate in reversion
This is an equitable interest. It is a future thing. It will revert to you later. It is not ownership nor possession.
estate in remainder
This is a right that someone has that will become effective later at the termination of a current estate. As in it could be that you willi inherit something when someone dies.
This is title to land that has been registered since the 1925 Land Registration Act.
This is land that has not had the title registered. This is only about 12% of land. It has not been sold since 1925.