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7 Cards in this Set
- Front
- Back
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What is meant by trespass? |
Trespass is an intrusion on land without the owner’s permission. |
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When can landowners claim that trespass has infringed their rights in the airspace above their land? |
When the intrusion has infringed the owner’s rights at a height below that needed for their enjoyment. Bernstein c Skyviews |
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Name the remedies that may be ordered by the court in trespass to land |
An injunction to stop the trespass or damages if injury has occurred. |
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Give 2 examples of the type of interest that should be protected by registration in the Land Charges Register |
Estate contract; Puisne; Equitable mortgage; Equitable easement; Equitable lease; Restrictive covenant; Family home rights. |
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Explain the meaning of ‘terms of years absolute’ |
A legal estate known as leasehold. |
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Special features of ‘terms of years absolute’ |
It may be for a fixed term or periodic It can start when granted or up to 21 years in the future. |
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Explain 2 classes of registered title for freehold land and when they can be registered |
Absolute freehold - granted when registrar satisfies with title. Qualified freehold - rare and subject to some defect in noted in land register. Possessory - granted where nor proof of ownership, ie squatters |
