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18 Cards in this Set
- Front
- Back
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The nature of land ? |
according to the case of trust company ltd v chief commissioner of state revenue it was stated by ... |
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stated by who ? |
Giles GA |
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That what ? |
The legal usage of land is not confined to 1) the physical thing |
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But can mean what as well ? |
one of many legal constructs involving 1) An estate in the land 2) An interest in the land |
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What are propriety rights ? |
These are rights that govern your ability to use and enjoy you physically possess and land physically possessed by others. |
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What is so significant about propriety rights ? |
the are rights in the LAND which make them capable of ENDURING changes to the ownership of that land |
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What is an estate ? |
The right to use and control land |
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what are the types of legal estate in land ? |
1) Estate in a fee absolute in possession - FREEHOLD
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what is the name of the other one legal estate in land ? |
2) Estate which the terms of years are absolute - LEASEHOLD |
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EXPLAIN FREEHOLD |
What is believed to mean 'ownership of a land', the right to use and control land for an indefinite period of time |
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EXPLAIN LEASEHOLD |
Situation where a landlord lets property to a tenant, the right to use and control and for a prescribed period of time |
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There are other lesser rights affecting use and enjoyment of a freehold/leasehold which are ? |
1)personal rights |
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the other lesser right affecting use and enjoyment of a freehold/leasehold is ? |
2)Proprietary right |
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PERSONAL RIGHTS ARE ALSO KNOWN AS WHAT ? |
rights in persononam |
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Proprietary right is also known as ? |
A right in rem |
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what can personal rights do ? |
They are rights that only affect parties that originally created the right |
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what can proprietary rights do ? |
may be capable of binding third parties |
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x 'owns' the land Y has a right over x's land what will happen if x sell's the land to z ? |
If the right that x and Y have agreed to is a right in personam then it will have no effect on z but only affect x and y which are the parties to the original contract, eg x agrees with y so y can play tennis every thursday morning on x's tennis court , if theres consideration it's a contract, so when x sells land to z it is capable of binding z |
