- published: 28 Apr 2020
- views: 6811
-
remove the playlistFreehold (english Law)
- remove the playlistFreehold (english Law)
- Freehold (law)
- Freehold (novel)
- Canon law
- Legal education
- Massachusetts 1913 law
- American English
- English: An Autumn in London
Freehold (law)
In England and Wales and Scotland, a freehold is the ownership of real property, or land, and all immovable structures attached to such land, as opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired.Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock.
Before the Law of Property Act 1925, a freehold estate transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to lineal descendants ("heirs of the body"/"heirs of the blood") of the first person to whom the estate was given, it was a "fee tail" estate. There were also freehold estates not of inheritance, such as an estate for life.
For an estate to be a freehold it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land), and ownership of it must be of an indeterminate duration. If the time of ownership can be fixed and determined, it cannot be a freehold.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Freehold_(law)
Freehold (novel)
Freehold is a Prometheus Award nominated science fiction novel written by Michael Z. Williamson, published in 2004 by Baen Books. The Freehold series is continued in The Weapon which begins prior to Freehold and ends approximately two years afterwards.
Plot
Earth in the future has become a rough society where pervasive bureaucratic regulation by a global (and extra-solar) UN means everything happens slowly, permits and licenses are required for most activities, all law-abiding citizens are tracked by computer implants constantly, and workers at all levels are unmotivated. Crime is basically unchecked: rape and burglary are considered commonplace and unavoidable, though still punishable. Petty theft and lesser crimes are all but ignored, and blame is attributed more to the victims than the perpetrators if they occur.
Kendra Pacelli is a logistics noncommissioned officer in the UN Protection Force (UNPF) until she is implicated in a scheme that involved stealing millions of dollars worth of materiel from the Protection Force. The UN Investigators are notorious for brutal interrogations of prisoners and the slow pace of the bureaucracy means exoneration is unlikely even though she is innocent. Warned by a friend, she decides to seek asylum with the Freehold colony, which is independent of UN control.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Freehold_(novel)
Canon law
Canon law is the body of laws and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members. It is the internal ecclesiastical law governing the Catholic Church (both Latin Church and Eastern Catholic Churches), the Eastern and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
Etymology
Greek kanon / Ancient Greek: κανών,Arabic Qanun / قانون, Hebrew kaneh / קנה, "straight"; a rule, code, standard, or measure; the root meaning in all these languages is "reed" (cf. the Romance-language ancestors of the English word "cane").
Canons of the Apostles
The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers In the fourth century the First Council of Nicaea (325) calls canons the disciplinary measures of the Church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the Church and the legislative measures taken by the State called leges, Latin for laws.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Canon_law
Legal education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law (such as politics or academic) or business. It includes:
Overview
In addition to the qualifications required to become a practicing lawyer, legal education also encompasses higher degrees, such as doctorates, for more advanced academic study.
In many countries other than the United States, law is an undergraduate degree. Graduates of such a program are eligible to become lawyers by passing the country's equivalent of a bar exam. In such countries, graduate programs in law enable students to embark on academic careers or become specialized in a particular area of law.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Legal_education
Massachusetts 1913 law
Massachusetts General Laws Chapter 207, Section 11, more commonly known as the 1913 law, is a Massachusetts law enacted in 1913 and repealed in 2008 that invalidated the marriage of non-residents if the marriage was invalid in the state where they lived. It originated during a period of heightened antipathy to interracial marriage and went largely unenforced until used between 2004 and 2008 to deny marriage licenses to out-of-state same-sex couples.
Enactment
State Senator Harry Ney Stearns introduced Senate Bill 234 on March 7, 1913. The bill was signed into law three weeks later by Governor Eugene N. Foss. The statute provided that in the Commonwealth of Massachusetts:
No record of the state Senate debate has been found. Historians and legal scholars have said that the original purpose of the legislation was an anti-miscegenation measure. The law did not ban interracial marriage, which had been legal in Massachusetts since 1843, but blocked interracial couples from states that banned interracial marriages from marrying in Massachusetts. The law was enacted at the height of a public scandal over black heavyweight boxer Jack Johnson's interracial marriages. A 1912 conference on uniform state laws recommended the language adopted by Massachusetts because, among other things, it would enforce state prohibitions against the marriage of "a white person and a colored person." At a conference of governors in 1912 during the height of the publicity surrounding Johnson's marriages, Governor Foss of Massachusetts was one of several northern governors who endorsed the enactment of an anti-miscegenation statute. Vermont passed a similar statute about the same time as Massachusetts.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Massachusetts_1913_law
American English
American English, or United States (U.S.) English, is the set of dialects of the English language native to the United States. English is the most widely spoken language in the United States and is the common language used by the federal government, considered the de facto language of the country because of its widespread use. English has been given official status by 30 of the 50 state governments. As an example, while both Spanish and English have equivalent status in the local courts of the Commonwealth of Puerto Rico, under federal law, English is the official language for any matters being referred to the United States District Court for the territory.
The use of English in the United States is a result of British colonization. The first wave of English-speaking settlers arrived in North America during the 17th century, followed by further migrations in the 18th and 19th centuries. Since then, American English has been influenced by the languages of West Africa, the Native American population, German, Dutch, Irish, Spanish, and other languages of successive waves of immigrants to the United States.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/American_English
English: An Autumn in London
English: An Autumn in London (2013) is a Malayalam film written by Ajayan Venugopalan and directed by Shyamaprasad. A drama with slight tinges of black humour and satire, the film stars Jayasurya, Nivin Pauly, Mukesh, Nadia Moidu, Remya Nambeesan. The film is produced by Binu Dev under the banner of Navarang Screens and features music composed by Rex Vijayan of the band Avial, whilst cinematography is handled by Udayan Ambaadi and is edited by Vinod Sukumaran. The film tells the story of the lives of the Malayalees living in London.
Plot
The lives of four characters from diverse backgrounds whose passage to the U.K. and its aftermath are dealt with in the film. Jayasurya plays Shankaran, a Kathakali artiste-turned-waiter who is an illegal immigrant. Nivin Pauly dons the role of Sibin, an IT executive with a roving eye. Mukesh plays Joy, a middle-class corner store owner with an extended family in London and all its concomitant problems and advantages. Nadia Moidu plays Saraswathy, a Tamil Brahmin. Married to a doctor, she has been in the U.K, for more than 20 years. Remya Nambeesan plays Gauri, a young married woman from a rustic background who arrives in London.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/English:_An_Autumn_in_London
Podcasts:
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Introduction to Freehold Covenants (Part 1) | Land Law
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Covenants made between freehold land owners with respect to the use of land (“freehold covenants”) are another way in which landowners may control the use of neighbouring land. They are closely related to leasehold covenants and easements: each entail a benefit and burden in respect of two separate estates of land held by two different people. If you have any questions drop me a message below 👍🏻 ------------------------------- Hey! If you’re new to the channel… my name is Gareth Evans I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to ever...
published: 28 Apr 2020 -
Land Law - Freehold Covenants
Freehold covenants involve someone who is making a promise and suffers a burden (covenantor) and another person who receives the benefit of that promise (covenantee). When the original owners move on then questions arise as to whether the original burden or benefit can also run with the land. This means having to explore whether the land transfer happens in common law or equity. In common law the starting point is privity of contract whereby a contract between two people cannot bind individuals who are not party to that contract. However while the courts have held that the burden does not pass (Austerberry v Corporation of Oldham [1885]) it is certainly possible for the benefit to do so when it touches and concerns the land (Smith & Snipes Hall Farm Ltd v River Douglas Catchment Board [1...
published: 21 May 2017 -
English Land Law Freehold Covenants - Part I
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS. Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation. Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009. Easements in English law are rights that one individual has over another's land. Rights recognized as easements most ...
published: 18 Apr 2015 -
Freehold (law)
In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real property, being the land and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired. Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock (which are movable). A freehold estate could be transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), in which case it was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to li...
published: 31 Oct 2014 -
Present Estates - Freehold Estates - Present Interests
Bar preparation video on the topic of Present Estates (Real Property Law).
published: 14 Jan 2014 -
Title vs. Deed: Don't Get These Legal Concepts Confused!
...Do you know the difference? If you're new to the world of real estate, you may have come across the terms "title" and "deed" and wondered what they mean. In this video, we'll break down the key differences between these two terms and help you understand their importance in the world of property ownership. Stay tuned for a pop quiz at the end!
published: 21 Dec 2022 -
English Land Law Freehold Covenants - Part II
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS. Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation. Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009. Easements in English law are rights that one individual has over another's land. Rights recognized as easements most ...
published: 18 Apr 2015 -
Passing the Burden of a Covenant | Land Law
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA First, it is not possible for the burden of a covenant between freeholders to run at law in any circumstances. Second, even in equity, only the burden of restrictive covenants is capable of passing. This is an absolute rule. It is very important to distinguish this from the situation pertaining to leasehold covenants, where both negative and positive covenants can run with the lease and the reversion – in both law and equity. If you have any questions drop me a message below 👍🏻 ------------------------------- Hey! If you’re new to the channel… my name is Gareth Evans I am the owner of Digestible Notes, a website created to make learning f...
published: 30 Apr 2020 -
Freehold Estates | Real Estate Exam Prep Concepts
A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time. In contrast, a less than freehold estate is held for a fixed, defined period. The types of freehold estates you should know are: 1. Fee simple absolute 2. Fee simple defeasible 3. Life estate 1. Fee simple absolute Fee simple absolute is the greatest interest in a parcel of land that one can possibly own. Sometimes it is designated simply as "fee" and is the most common way real estate is owned. In a fee simple absolute estate ownership cannot be defeated by the previous owner or the previous owner's heirs; however, it is not free from encumbrances. Fee simple ownership is limited by the four basic government powers of taxation, eminent domain, poli...
published: 30 Oct 2019 -
Property law Lecture on "Freehold Covenants" University of London LLB UK. Contact us for tuition
#law #lawyer #london #uk #unitedkingdom #universityoflondon #llb #property #propertylaw #landlaw #FreeholdCovenants #covenant #lecture #tuition Contact us for Univerity of London LLB LAW tuitions for : Property law, EU law, Tort Law, International Public Human Rights law Level 4, level 5 , level 6 Subjects Go to our channel and subscribe Like our Facebook help page : https://www.facebook.com/llbl.law.tutors/?ref=pages_you_manage
published: 18 Jul 2022
developed with YouTube
8:59
Introduction to Freehold Covenants (Part 1) | Land Law
- Order: Reorder
- Duration: 8:59
- Uploaded Date: 28 Apr 2020
- views: 6811
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Covenants ma...
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Covenants made between freehold land owners with respect to the use of land (“freehold covenants”) are another way in which landowners may control the use of neighbouring land. They are closely related to leasehold covenants and easements: each entail a benefit and burden in respect of two separate estates of land held by two different people.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON SEVERING A JOINT TENANCY ➡️
https://www.youtube.com/watch?v=fCjgArD6jSc
If you liked this video you may like my website post on 'Freehold Covenants'': https://digestiblenotes.com/law/land/freehold_covenants.php
https://wn.com/Introduction_To_Freehold_Covenants_(Part_1)_|_Land_Law
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Covenants made between freehold land owners with respect to the use of land (“freehold covenants”) are another way in which landowners may control the use of neighbouring land. They are closely related to leasehold covenants and easements: each entail a benefit and burden in respect of two separate estates of land held by two different people.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON SEVERING A JOINT TENANCY ➡️
https://www.youtube.com/watch?v=fCjgArD6jSc
If you liked this video you may like my website post on 'Freehold Covenants'': https://digestiblenotes.com/law/land/freehold_covenants.php
17:45
Land Law - Freehold Covenants
- Order: Reorder
- Duration: 17:45
- Uploaded Date: 21 May 2017
- views: 84985
Freehold covenants involve someone who is making a promise and suffers a burden (covenantor) and another person who receives the benefit of that promise (covena...
Freehold covenants involve someone who is making a promise and suffers a burden (covenantor) and another person who receives the benefit of that promise (covenantee).
When the original owners move on then questions arise as to whether the original burden or benefit can also run with the land. This means having to explore whether the land transfer happens in common law or equity.
In common law the starting point is privity of contract whereby a contract between two people cannot bind individuals who are not party to that contract. However while the courts have held that the burden does not pass (Austerberry v Corporation of Oldham [1885]) it is certainly possible for the benefit to do so when it touches and concerns the land (Smith & Snipes Hall Farm Ltd v River Douglas Catchment Board [1947]).
In equity the case of Tulk v Moxhay [1843] held that the burden
can pass as the purchaser will have notice. To prevent this principle becoming too broad in nature a distinction is made between positive and negative covenants. For positive covenants the covenantor has to actively do something (Hayward v Brunswick Permanent Building Society [1881]) while for negative covenants there is an obligation to refrain from doing something as in Tulk v Moxhay [1843].
The burden of a positive covenant cannot pass in common law and only passes in equity where there are reciprocal burdens and benefits as in Halsall v Brizell [1957]. However this was restricted by Lord Templeman in Rhone v Stephens [1994] where it was held that this principle would not be effective where there is no choice in accepting the burden. The Law Commission has recently suggested that this are should be replace by 'land obligations' in an extensive review of the subject.
Meanwhile for the burden to pass in equity a number of (rather straight forward) requirements must be met:
the covenant must touch and concern the land
proximity (the dominant land must be able to benefit) – Kelly v Barrett [1924]
intention for the burden to run (presumed by s. 79 Law of Property Act 1925
the covenant must be registered
unregistered land – class D(ii) land charge
registered land – notice under ss. 32 & 33 Land Registration Act 2002
When looking at the benefit of a negative covenant running in equity there are three circumstances to consider:
Annexation - where the benefit is permanently attached to the land. For this purpose Federated Homes v Mill Lodge Properties Ltd [1980] interpreted s. 79 LPA25 so that if the covenant touched the land and the dominant land was identified then annexation is automatic.
Assignment - is very similar to annexation and attaches a covenant to the land at a later date. However the conveyance and assignment must be simultaneous (Re Union of London and Smith’s Conveyance [1933]).
Schemes of development - such as housing estates where there are reciprocal enforcement of obligations the area is clearly identified.
Despite privity of contract it is also important to consider the rights of third parties. s. 56 LPA25 enables a person not party to a covenant to sue upon it where the covenant purports to be made with that person (Lyus v Prowsa Developments Ltd [1982]) and the covenantee is clearly identifiable (Re Ecclesiastical Commissioners for England’s Conveyance [1936]).
In certain circumstances unidentified third parties can sue if a covenant was made for their benefit as per the Contracts (Rights of Third Parties) Act 1999.
For breach of a covenant a number of remedies are available:
Quia timet injunction
Injunction to prevent continued breach
Mandatory injunction
Damages in lieu of an injunction where the requirements of Shelfer v City of London Electric Lighting Co. [1895] are met.
Covenants can be modified or discharged by way of applying the Upper Tribunal (Lands Chamber) under one of the four grounds in s. 84 Law of Property Act 1925:
the covenant has become obsolete
continued enforcement of the covenant is
obtrusive to a public/private use of land
of no practical benefit/contrary to the public interest
compensable by money
all those entitled to the benefit consent to the discharge
the discharge confers no injury on the person benefiting
https://wn.com/Land_Law_Freehold_Covenants
Freehold covenants involve someone who is making a promise and suffers a burden (covenantor) and another person who receives the benefit of that promise (covenantee).
When the original owners move on then questions arise as to whether the original burden or benefit can also run with the land. This means having to explore whether the land transfer happens in common law or equity.
In common law the starting point is privity of contract whereby a contract between two people cannot bind individuals who are not party to that contract. However while the courts have held that the burden does not pass (Austerberry v Corporation of Oldham [1885]) it is certainly possible for the benefit to do so when it touches and concerns the land (Smith & Snipes Hall Farm Ltd v River Douglas Catchment Board [1947]).
In equity the case of Tulk v Moxhay [1843] held that the burden
can pass as the purchaser will have notice. To prevent this principle becoming too broad in nature a distinction is made between positive and negative covenants. For positive covenants the covenantor has to actively do something (Hayward v Brunswick Permanent Building Society [1881]) while for negative covenants there is an obligation to refrain from doing something as in Tulk v Moxhay [1843].
The burden of a positive covenant cannot pass in common law and only passes in equity where there are reciprocal burdens and benefits as in Halsall v Brizell [1957]. However this was restricted by Lord Templeman in Rhone v Stephens [1994] where it was held that this principle would not be effective where there is no choice in accepting the burden. The Law Commission has recently suggested that this are should be replace by 'land obligations' in an extensive review of the subject.
Meanwhile for the burden to pass in equity a number of (rather straight forward) requirements must be met:
the covenant must touch and concern the land
proximity (the dominant land must be able to benefit) – Kelly v Barrett [1924]
intention for the burden to run (presumed by s. 79 Law of Property Act 1925
the covenant must be registered
unregistered land – class D(ii) land charge
registered land – notice under ss. 32 & 33 Land Registration Act 2002
When looking at the benefit of a negative covenant running in equity there are three circumstances to consider:
Annexation - where the benefit is permanently attached to the land. For this purpose Federated Homes v Mill Lodge Properties Ltd [1980] interpreted s. 79 LPA25 so that if the covenant touched the land and the dominant land was identified then annexation is automatic.
Assignment - is very similar to annexation and attaches a covenant to the land at a later date. However the conveyance and assignment must be simultaneous (Re Union of London and Smith’s Conveyance [1933]).
Schemes of development - such as housing estates where there are reciprocal enforcement of obligations the area is clearly identified.
Despite privity of contract it is also important to consider the rights of third parties. s. 56 LPA25 enables a person not party to a covenant to sue upon it where the covenant purports to be made with that person (Lyus v Prowsa Developments Ltd [1982]) and the covenantee is clearly identifiable (Re Ecclesiastical Commissioners for England’s Conveyance [1936]).
In certain circumstances unidentified third parties can sue if a covenant was made for their benefit as per the Contracts (Rights of Third Parties) Act 1999.
For breach of a covenant a number of remedies are available:
Quia timet injunction
Injunction to prevent continued breach
Mandatory injunction
Damages in lieu of an injunction where the requirements of Shelfer v City of London Electric Lighting Co. [1895] are met.
Covenants can be modified or discharged by way of applying the Upper Tribunal (Lands Chamber) under one of the four grounds in s. 84 Law of Property Act 1925:
the covenant has become obsolete
continued enforcement of the covenant is
obtrusive to a public/private use of land
of no practical benefit/contrary to the public interest
compensable by money
all those entitled to the benefit consent to the discharge
the discharge confers no injury on the person benefiting
- published: 21 May 2017
- views: 84985
49:05
English Land Law Freehold Covenants - Part I
- Order: Reorder
- Duration: 49:05
- Uploaded Date: 18 Apr 2015
- views: 3532
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understandin...
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS.
Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation.
Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009.
Easements in English law are rights that one individual has over another's land. Rights recognized as easements most frequently include rights of way or light, and extend as far as the right to use a neighbor's lavatory, or to park a car on their land. The necessity of easements can be recognized by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals.
Introduction
Contracts between freeholders – why?
Freehold covenants are legally binding contracts between freeholders (as opposed to leasehold covenants which are covenants between landlords and tenants). Privity of contract exists between the original parties. They are a type of private control of land use and this involves land owners seeking to regulate or control how land is used within a particular locality. This contrasts with public control of how land is used, which is actualized through planning departments. Freehold covenants can be used to restrict the development of land, even where planning permission has been granted. They are akin to a form of private planning law.
Who benefits? Who is burdened?
The person who makes the covenant, and suffers the burden, is the covenantor.
The person who benefits from the covenant is the covenantee.
Restrictive/Negative or positive?
Most covenants between freeholders are restrictive or negative in the sense that they are a promise not to do something on one’s own land, such as building beyond a certain height or carrying on a trade. Positive covenants such as an obligation to erect and maintain boundary fences are very difficult to enforce among successors in title and so are much less common. However, positive covenants are enforceable between the original parties to the covenant.
https://wn.com/English_Land_Law_Freehold_Covenants_Part_I
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS.
Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation.
Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009.
Easements in English law are rights that one individual has over another's land. Rights recognized as easements most frequently include rights of way or light, and extend as far as the right to use a neighbor's lavatory, or to park a car on their land. The necessity of easements can be recognized by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals.
Introduction
Contracts between freeholders – why?
Freehold covenants are legally binding contracts between freeholders (as opposed to leasehold covenants which are covenants between landlords and tenants). Privity of contract exists between the original parties. They are a type of private control of land use and this involves land owners seeking to regulate or control how land is used within a particular locality. This contrasts with public control of how land is used, which is actualized through planning departments. Freehold covenants can be used to restrict the development of land, even where planning permission has been granted. They are akin to a form of private planning law.
Who benefits? Who is burdened?
The person who makes the covenant, and suffers the burden, is the covenantor.
The person who benefits from the covenant is the covenantee.
Restrictive/Negative or positive?
Most covenants between freeholders are restrictive or negative in the sense that they are a promise not to do something on one’s own land, such as building beyond a certain height or carrying on a trade. Positive covenants such as an obligation to erect and maintain boundary fences are very difficult to enforce among successors in title and so are much less common. However, positive covenants are enforceable between the original parties to the covenant.
- published: 18 Apr 2015
- views: 3532
1:27
Freehold (law)
- Order: Reorder
- Duration: 1:27
- Uploaded Date: 31 Oct 2014
- views: 255
In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real ...
In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real property, being the land and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired. Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock (which are movable).
A freehold estate could be transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), in which case it was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to lineal descendants ("heirs of the body"/"heirs of the blood") of the first person to whom the estate was given, this was a "fee tail" estate. There were also freehold estates not of inheritance, such as an estate for life.
This video is targeted to blind users.
Attribution:
Article text available under CC-BY-SA
Creative Commons image source in video
https://wn.com/Freehold_(Law)
In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real property, being the land and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired. Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock (which are movable).
A freehold estate could be transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), in which case it was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to lineal descendants ("heirs of the body"/"heirs of the blood") of the first person to whom the estate was given, this was a "fee tail" estate. There were also freehold estates not of inheritance, such as an estate for life.
This video is targeted to blind users.
Attribution:
Article text available under CC-BY-SA
Creative Commons image source in video
- published: 31 Oct 2014
- views: 255
12:08
Present Estates - Freehold Estates - Present Interests
- Order: Reorder
- Duration: 12:08
- Uploaded Date: 14 Jan 2014
- views: 97663
Bar preparation video on the topic of Present Estates (Real Property Law).
Bar preparation video on the topic of Present Estates (Real Property Law).
https://wn.com/Present_Estates_Freehold_Estates_Present_Interests
Bar preparation video on the topic of Present Estates (Real Property Law).
- published: 14 Jan 2014
- views: 97663
4:51
Title vs. Deed: Don't Get These Legal Concepts Confused!
- Order: Reorder
- Duration: 4:51
- Uploaded Date: 21 Dec 2022
- views: 797293
...Do you know the difference?
If you're new to the world of real estate, you may have come across the terms "title" and "deed" and wondered what they mean. In...
...Do you know the difference?
If you're new to the world of real estate, you may have come across the terms "title" and "deed" and wondered what they mean. In this video, we'll break down the key differences between these two terms and help you understand their importance in the world of property ownership.
Stay tuned for a pop quiz at the end!
https://wn.com/Title_Vs._Deed_Don't_Get_These_Legal_Concepts_Confused
...Do you know the difference?
If you're new to the world of real estate, you may have come across the terms "title" and "deed" and wondered what they mean. In this video, we'll break down the key differences between these two terms and help you understand their importance in the world of property ownership.
Stay tuned for a pop quiz at the end!
- published: 21 Dec 2022
- views: 797293
26:40
English Land Law Freehold Covenants - Part II
- Order: Reorder
- Duration: 26:40
- Uploaded Date: 18 Apr 2015
- views: 785
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understandin...
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS.
Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation.
Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009.
Easements in English law are rights that one individual has over another's land. Rights recognized as easements most frequently include rights of way or light, and extend as far as the right to use a neighbor's lavatory, or to park a car on their land. The necessity of easements can be recognized by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals.
Introduction
Contracts between freeholders – why?
Freehold covenants are legally binding contracts between freeholders (as opposed to leasehold covenants which are covenants between landlords and tenants). Privity of contract exists between the original parties. They are a type of private control of land use and this involves land owners seeking to regulate or control how land is used within a particular locality. This contrasts with public control of how land is used, which is actualized through planning departments. Freehold covenants can be used to restrict the development of land, even where planning permission has been granted. They are akin to a form of private planning law.
Who benefits? Who is burdened?
The person who makes the covenant, and suffers the burden, is the covenantor.
The person who benefits from the covenant is the covenantee.
Restrictive/Negative or positive?
Most covenants between freeholders are restrictive or negative in the sense that they are a promise not to do something on one’s own land, such as building beyond a certain height or carrying on a trade. Positive covenants such as an obligation to erect and maintain boundary fences are very difficult to enforce among successors in title and so are much less common. However, positive covenants are enforceable between the original parties to the covenant.
https://wn.com/English_Land_Law_Freehold_Covenants_Part_Ii
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS.
Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation.
Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009.
Easements in English law are rights that one individual has over another's land. Rights recognized as easements most frequently include rights of way or light, and extend as far as the right to use a neighbor's lavatory, or to park a car on their land. The necessity of easements can be recognized by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals.
Introduction
Contracts between freeholders – why?
Freehold covenants are legally binding contracts between freeholders (as opposed to leasehold covenants which are covenants between landlords and tenants). Privity of contract exists between the original parties. They are a type of private control of land use and this involves land owners seeking to regulate or control how land is used within a particular locality. This contrasts with public control of how land is used, which is actualized through planning departments. Freehold covenants can be used to restrict the development of land, even where planning permission has been granted. They are akin to a form of private planning law.
Who benefits? Who is burdened?
The person who makes the covenant, and suffers the burden, is the covenantor.
The person who benefits from the covenant is the covenantee.
Restrictive/Negative or positive?
Most covenants between freeholders are restrictive or negative in the sense that they are a promise not to do something on one’s own land, such as building beyond a certain height or carrying on a trade. Positive covenants such as an obligation to erect and maintain boundary fences are very difficult to enforce among successors in title and so are much less common. However, positive covenants are enforceable between the original parties to the covenant.
- published: 18 Apr 2015
- views: 785
12:43
Passing the Burden of a Covenant | Land Law
- Order: Reorder
- Duration: 12:43
- Uploaded Date: 30 Apr 2020
- views: 3897
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA First, it is...
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA First, it is not possible for the burden of a covenant between freeholders to run at law in any circumstances. Second, even in equity, only the burden of restrictive covenants is capable of passing. This is an absolute rule. It is very important to distinguish this from the situation pertaining to leasehold covenants, where both negative and positive covenants can run with the lease and the reversion – in both law and equity.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON AN INTRODUCTION TO FREEHOLD COVENANTS ➡️
https://www.youtube.com/watch?v=4445H9VdUjI&list=PLHmpYOgDMQbZrd8WsXifs1ZZOfTIAUEL1&index=23
If you liked this video you may like my website post on 'Passing the Burden of a Covenant': https://digestiblenotes.com/law/land/passing_burden_covenant.php
https://wn.com/Passing_The_Burden_Of_A_Covenant_|_Land_Law
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA First, it is not possible for the burden of a covenant between freeholders to run at law in any circumstances. Second, even in equity, only the burden of restrictive covenants is capable of passing. This is an absolute rule. It is very important to distinguish this from the situation pertaining to leasehold covenants, where both negative and positive covenants can run with the lease and the reversion – in both law and equity.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON AN INTRODUCTION TO FREEHOLD COVENANTS ➡️
https://www.youtube.com/watch?v=4445H9VdUjI&list=PLHmpYOgDMQbZrd8WsXifs1ZZOfTIAUEL1&index=23
If you liked this video you may like my website post on 'Passing the Burden of a Covenant': https://digestiblenotes.com/law/land/passing_burden_covenant.php
- published: 30 Apr 2020
- views: 3897
3:23
Freehold Estates | Real Estate Exam Prep Concepts
- Order: Reorder
- Duration: 3:23
- Uploaded Date: 30 Oct 2019
- views: 134856
A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time. In contrast, a less tha...
A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time. In contrast, a less than freehold estate is held for a fixed, defined period.
The types of freehold estates you should know are:
1. Fee simple absolute
2. Fee simple defeasible
3. Life estate
1. Fee simple absolute
Fee simple absolute is the greatest interest in a parcel of land that one can possibly own. Sometimes it is designated simply as "fee" and is the most common way real estate is owned. In a fee simple absolute estate ownership cannot be defeated by the previous owner or the previous owner's heirs; however, it is not free from encumbrances. Fee simple ownership is limited by the four basic government powers of taxation, eminent domain, police power, and escheat, and could also be limited by certain encumbrances or a condition in the deed.
2. Fee simple defeasible
A defeasible estate is created when a grantor places a condition on a fee simple estate . Upon the occurrence of a specified event, the estate may be lost. Two types of defeasible estates are the fee simple determinable and the fee simple subject to a condition subsequent.
- If the grantor uses durational language in the condition such as "to Adam, as long as the land is used for a park," then upon the happening of a specified event such as the land being used for something other than a park, the estate will automatically terminate and revert to the grantor or the grantor's estate; this is called a fee simple determinable.
- If there is a condition such as "no alcohol to be served," then it would be a condition subsequent, as you can lose the title if you serve alcohol on the property.
3. Life estate
A life estate is an interest in real property which is held for the duration of the life of a designated person. It may be limited by the life of the person holding it or by the life of another person.
For example, Anne can give a property to Dan for the life of Anne. Dan would be the life tenant.
A life tenant receives the property and is responsible for maintenance of the property and paying taxes. If a life tenant allows a property to deteriorate, it would be committing waste; a life tenant cannot commit waste.
A life tenant cannot leave a property to anyone in their will. However, a life tenant may sell, mortgage or lease the property for the duration of the estate, and thus all contracts would be terminated upon the death of the life tenant.
For example, if Dan dies and the property goes back to Anne, Anne would have the estate in reversion. If Anne dies, then the property would not be Dan's because he had it as long as Anne was alive.
----------------------------------------------------------------------------------------------
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https://wn.com/Freehold_Estates_|_Real_Estate_Exam_Prep_Concepts
A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time. In contrast, a less than freehold estate is held for a fixed, defined period.
The types of freehold estates you should know are:
1. Fee simple absolute
2. Fee simple defeasible
3. Life estate
1. Fee simple absolute
Fee simple absolute is the greatest interest in a parcel of land that one can possibly own. Sometimes it is designated simply as "fee" and is the most common way real estate is owned. In a fee simple absolute estate ownership cannot be defeated by the previous owner or the previous owner's heirs; however, it is not free from encumbrances. Fee simple ownership is limited by the four basic government powers of taxation, eminent domain, police power, and escheat, and could also be limited by certain encumbrances or a condition in the deed.
2. Fee simple defeasible
A defeasible estate is created when a grantor places a condition on a fee simple estate . Upon the occurrence of a specified event, the estate may be lost. Two types of defeasible estates are the fee simple determinable and the fee simple subject to a condition subsequent.
- If the grantor uses durational language in the condition such as "to Adam, as long as the land is used for a park," then upon the happening of a specified event such as the land being used for something other than a park, the estate will automatically terminate and revert to the grantor or the grantor's estate; this is called a fee simple determinable.
- If there is a condition such as "no alcohol to be served," then it would be a condition subsequent, as you can lose the title if you serve alcohol on the property.
3. Life estate
A life estate is an interest in real property which is held for the duration of the life of a designated person. It may be limited by the life of the person holding it or by the life of another person.
For example, Anne can give a property to Dan for the life of Anne. Dan would be the life tenant.
A life tenant receives the property and is responsible for maintenance of the property and paying taxes. If a life tenant allows a property to deteriorate, it would be committing waste; a life tenant cannot commit waste.
A life tenant cannot leave a property to anyone in their will. However, a life tenant may sell, mortgage or lease the property for the duration of the estate, and thus all contracts would be terminated upon the death of the life tenant.
For example, if Dan dies and the property goes back to Anne, Anne would have the estate in reversion. If Anne dies, then the property would not be Dan's because he had it as long as Anne was alive.
----------------------------------------------------------------------------------------------
Subscribe to our channel to get notified of new videos!
Serious about passing your real estate exam? Sign up with PrepAgent to get more videos, thousands of interactive exam questions with explanations, 5x a week live webinars, and so much more! Use this link to get 25% off:
https://www.prepagent.com/sign-up?code=youtube
Follow us on social media:
https://www.facebook.com/PrepAgent/
https://twitter.com/prep_agent
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- published: 30 Oct 2019
- views: 134856
1:04:54
Property law Lecture on "Freehold Covenants" University of London LLB UK. Contact us for tuition
- Order: Reorder
- Duration: 1:04:54
- Uploaded Date: 18 Jul 2022
- views: 624
#law #lawyer #london #uk #unitedkingdom #universityoflondon #llb #property #propertylaw #landlaw #FreeholdCovenants #covenant #lecture #tuition
Contact us for...
#law #lawyer #london #uk #unitedkingdom #universityoflondon #llb #property #propertylaw #landlaw #FreeholdCovenants #covenant #lecture #tuition
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#law #lawyer #london #uk #unitedkingdom #universityoflondon #llb #property #propertylaw #landlaw #FreeholdCovenants #covenant #lecture #tuition
Contact us for Univerity of London LLB LAW tuitions for :
Property law, EU law, Tort Law, International Public Human Rights law
Level 4, level 5 , level 6 Subjects
Go to our channel and subscribe
Like our Facebook help page : https://www.facebook.com/llbl.law.tutors/?ref=pages_you_manage
- published: 18 Jul 2022
- views: 624
8:59
Introduction to Freehold Covenants (Part 1) | Land Law
Subscribe to my personal channel for videos on how to study law effectively & efficiently:...
published: 28 Apr 2020
Introduction to Freehold Covenants (Part 1) | Land Law
Introduction to Freehold Covenants (Part 1) | Land Law
- Report rights infringement
- published: 28 Apr 2020
- views: 6811
Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA Covenants made between freehold land owners with respect to the use of land (“freehold covenants”) are another way in which landowners may control the use of neighbouring land. They are closely related to leasehold covenants and easements: each entail a benefit and burden in respect of two separate estates of land held by two different people.
If you have any questions drop me a message below 👍🏻
-------------------------------
Hey! If you’re new to the channel… my name is Gareth Evans
I am the owner of Digestible Notes, a website created to make learning fun and easy to understand. Our ultimate goal is to make education accessible to everyone and centralise the internet's vast sea of information.
I want to show you that anyone can achieve their learning goals and live their dream life.
Read from our website: https://digestiblenotes.com
-------------------------------
SEE MY VIDEO ON SEVERING A JOINT TENANCY ➡️
https://www.youtube.com/watch?v=fCjgArD6jSc
If you liked this video you may like my website post on 'Freehold Covenants'': https://digestiblenotes.com/law/land/freehold_covenants.php
17:45
Land Law - Freehold Covenants
Freehold covenants involve someone who is making a promise and suffers a burden (covenanto...
published: 21 May 2017
Land Law - Freehold Covenants
Land Law - Freehold Covenants
- Report rights infringement
- published: 21 May 2017
- views: 84985
Freehold covenants involve someone who is making a promise and suffers a burden (covenantor) and another person who receives the benefit of that promise (covenantee).
When the original owners move on then questions arise as to whether the original burden or benefit can also run with the land. This means having to explore whether the land transfer happens in common law or equity.
In common law the starting point is privity of contract whereby a contract between two people cannot bind individuals who are not party to that contract. However while the courts have held that the burden does not pass (Austerberry v Corporation of Oldham [1885]) it is certainly possible for the benefit to do so when it touches and concerns the land (Smith & Snipes Hall Farm Ltd v River Douglas Catchment Board [1947]).
In equity the case of Tulk v Moxhay [1843] held that the burden
can pass as the purchaser will have notice. To prevent this principle becoming too broad in nature a distinction is made between positive and negative covenants. For positive covenants the covenantor has to actively do something (Hayward v Brunswick Permanent Building Society [1881]) while for negative covenants there is an obligation to refrain from doing something as in Tulk v Moxhay [1843].
The burden of a positive covenant cannot pass in common law and only passes in equity where there are reciprocal burdens and benefits as in Halsall v Brizell [1957]. However this was restricted by Lord Templeman in Rhone v Stephens [1994] where it was held that this principle would not be effective where there is no choice in accepting the burden. The Law Commission has recently suggested that this are should be replace by 'land obligations' in an extensive review of the subject.
Meanwhile for the burden to pass in equity a number of (rather straight forward) requirements must be met:
the covenant must touch and concern the land
proximity (the dominant land must be able to benefit) – Kelly v Barrett [1924]
intention for the burden to run (presumed by s. 79 Law of Property Act 1925
the covenant must be registered
unregistered land – class D(ii) land charge
registered land – notice under ss. 32 & 33 Land Registration Act 2002
When looking at the benefit of a negative covenant running in equity there are three circumstances to consider:
Annexation - where the benefit is permanently attached to the land. For this purpose Federated Homes v Mill Lodge Properties Ltd [1980] interpreted s. 79 LPA25 so that if the covenant touched the land and the dominant land was identified then annexation is automatic.
Assignment - is very similar to annexation and attaches a covenant to the land at a later date. However the conveyance and assignment must be simultaneous (Re Union of London and Smith’s Conveyance [1933]).
Schemes of development - such as housing estates where there are reciprocal enforcement of obligations the area is clearly identified.
Despite privity of contract it is also important to consider the rights of third parties. s. 56 LPA25 enables a person not party to a covenant to sue upon it where the covenant purports to be made with that person (Lyus v Prowsa Developments Ltd [1982]) and the covenantee is clearly identifiable (Re Ecclesiastical Commissioners for England’s Conveyance [1936]).
In certain circumstances unidentified third parties can sue if a covenant was made for their benefit as per the Contracts (Rights of Third Parties) Act 1999.
For breach of a covenant a number of remedies are available:
Quia timet injunction
Injunction to prevent continued breach
Mandatory injunction
Damages in lieu of an injunction where the requirements of Shelfer v City of London Electric Lighting Co. [1895] are met.
Covenants can be modified or discharged by way of applying the Upper Tribunal (Lands Chamber) under one of the four grounds in s. 84 Law of Property Act 1925:
the covenant has become obsolete
continued enforcement of the covenant is
obtrusive to a public/private use of land
of no practical benefit/contrary to the public interest
compensable by money
all those entitled to the benefit consent to the discharge
the discharge confers no injury on the person benefiting
49:05
English Land Law Freehold Covenants - Part I
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information ...
published: 18 Apr 2015
English Land Law Freehold Covenants - Part I
English Land Law Freehold Covenants - Part I
- Report rights infringement
- published: 18 Apr 2015
- views: 3532
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS.
Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation.
Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009.
Easements in English law are rights that one individual has over another's land. Rights recognized as easements most frequently include rights of way or light, and extend as far as the right to use a neighbor's lavatory, or to park a car on their land. The necessity of easements can be recognized by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals.
Introduction
Contracts between freeholders – why?
Freehold covenants are legally binding contracts between freeholders (as opposed to leasehold covenants which are covenants between landlords and tenants). Privity of contract exists between the original parties. They are a type of private control of land use and this involves land owners seeking to regulate or control how land is used within a particular locality. This contrasts with public control of how land is used, which is actualized through planning departments. Freehold covenants can be used to restrict the development of land, even where planning permission has been granted. They are akin to a form of private planning law.
Who benefits? Who is burdened?
The person who makes the covenant, and suffers the burden, is the covenantor.
The person who benefits from the covenant is the covenantee.
Restrictive/Negative or positive?
Most covenants between freeholders are restrictive or negative in the sense that they are a promise not to do something on one’s own land, such as building beyond a certain height or carrying on a trade. Positive covenants such as an obligation to erect and maintain boundary fences are very difficult to enforce among successors in title and so are much less common. However, positive covenants are enforceable between the original parties to the covenant.
1:27
Freehold (law)
In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (a...
published: 31 Oct 2014
Freehold (law)
Freehold (law)
- Report rights infringement
- published: 31 Oct 2014
- views: 255
In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real property, being the land and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired. Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock (which are movable).
A freehold estate could be transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), in which case it was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to lineal descendants ("heirs of the body"/"heirs of the blood") of the first person to whom the estate was given, this was a "fee tail" estate. There were also freehold estates not of inheritance, such as an estate for life.
This video is targeted to blind users.
Attribution:
Article text available under CC-BY-SA
Creative Commons image source in video
12:08
Present Estates - Freehold Estates - Present Interests
Bar preparation video on the topic of Present Estates (Real Property Law).
published: 14 Jan 2014
Present Estates - Freehold Estates - Present Interests
Present Estates - Freehold Estates - Present Interests
- Report rights infringement
- published: 14 Jan 2014
- views: 97663
Bar preparation video on the topic of Present Estates (Real Property Law).
4:51
Title vs. Deed: Don't Get These Legal Concepts Confused!
...Do you know the difference?
If you're new to the world of real estate, you may have co...
published: 21 Dec 2022
Title vs. Deed: Don't Get These Legal Concepts Confused!
Title vs. Deed: Don't Get These Legal Concepts Confused!
- Report rights infringement
- published: 21 Dec 2022
- views: 797293
...Do you know the difference?
If you're new to the world of real estate, you may have come across the terms "title" and "deed" and wondered what they mean. In this video, we'll break down the key differences between these two terms and help you understand their importance in the world of property ownership.
Stay tuned for a pop quiz at the end!
26:40
English Land Law Freehold Covenants - Part II
Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information ...
published: 18 Apr 2015
English Land Law Freehold Covenants - Part II
English Land Law Freehold Covenants - Part II
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- published: 18 Apr 2015
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Ms Maureen O'Sullivan BA, BCL, LLM, PGCHE
Maureen O'Sullivan is an expert in information technology law and intellectual property law, which cover understanding, analyzing, criticising, and suggesting appropriate alternatives for the current intellectual property regime as it relates to new technologies: including software, genetic material and medicine. Also interested in bioethics and FLOSS.
Specialties:Government liaison in an advisory capacity, designing innovative legislation, lecturing in information technology law, software licensing and legislation.
Maureen was appointed as a lecturer at NUI, Galway in 2006 and served as Interim Head of School from 2008 to 2009.
Easements in English law are rights that one individual has over another's land. Rights recognized as easements most frequently include rights of way or light, and extend as far as the right to use a neighbor's lavatory, or to park a car on their land. The necessity of easements can be recognized by the Law Commission's recent findings that there are easements over at least 65% of registered freehold titles. In some circumstances for example, it may be impossible for one land owner to access a public highway without an easement of a right of way. The creation of easements is usually done expressly by deed, but easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner, an approach which is not altogether uncontroversial, and has been the subject of recent reform proposals.
Introduction
Contracts between freeholders – why?
Freehold covenants are legally binding contracts between freeholders (as opposed to leasehold covenants which are covenants between landlords and tenants). Privity of contract exists between the original parties. They are a type of private control of land use and this involves land owners seeking to regulate or control how land is used within a particular locality. This contrasts with public control of how land is used, which is actualized through planning departments. Freehold covenants can be used to restrict the development of land, even where planning permission has been granted. They are akin to a form of private planning law.
Who benefits? Who is burdened?
The person who makes the covenant, and suffers the burden, is the covenantor.
The person who benefits from the covenant is the covenantee.
Restrictive/Negative or positive?
Most covenants between freeholders are restrictive or negative in the sense that they are a promise not to do something on one’s own land, such as building beyond a certain height or carrying on a trade. Positive covenants such as an obligation to erect and maintain boundary fences are very difficult to enforce among successors in title and so are much less common. However, positive covenants are enforceable between the original parties to the covenant.
12:43
Passing the Burden of a Covenant | Land Law
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published: 30 Apr 2020
Passing the Burden of a Covenant | Land Law
Passing the Burden of a Covenant | Land Law
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- published: 30 Apr 2020
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Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA First, it is not possible for the burden of a covenant between freeholders to run at law in any circumstances. Second, even in equity, only the burden of restrictive covenants is capable of passing. This is an absolute rule. It is very important to distinguish this from the situation pertaining to leasehold covenants, where both negative and positive covenants can run with the lease and the reversion – in both law and equity.
If you have any questions drop me a message below 👍🏻
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SEE MY VIDEO ON AN INTRODUCTION TO FREEHOLD COVENANTS ➡️
https://www.youtube.com/watch?v=4445H9VdUjI&list=PLHmpYOgDMQbZrd8WsXifs1ZZOfTIAUEL1&index=23
If you liked this video you may like my website post on 'Passing the Burden of a Covenant': https://digestiblenotes.com/law/land/passing_burden_covenant.php
3:23
Freehold Estates | Real Estate Exam Prep Concepts
A freehold estate is an estate in which you have exclusive rights to enjoy the possession ...
published: 30 Oct 2019
Freehold Estates | Real Estate Exam Prep Concepts
Freehold Estates | Real Estate Exam Prep Concepts
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- published: 30 Oct 2019
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A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time. In contrast, a less than freehold estate is held for a fixed, defined period.
The types of freehold estates you should know are:
1. Fee simple absolute
2. Fee simple defeasible
3. Life estate
1. Fee simple absolute
Fee simple absolute is the greatest interest in a parcel of land that one can possibly own. Sometimes it is designated simply as "fee" and is the most common way real estate is owned. In a fee simple absolute estate ownership cannot be defeated by the previous owner or the previous owner's heirs; however, it is not free from encumbrances. Fee simple ownership is limited by the four basic government powers of taxation, eminent domain, police power, and escheat, and could also be limited by certain encumbrances or a condition in the deed.
2. Fee simple defeasible
A defeasible estate is created when a grantor places a condition on a fee simple estate . Upon the occurrence of a specified event, the estate may be lost. Two types of defeasible estates are the fee simple determinable and the fee simple subject to a condition subsequent.
- If the grantor uses durational language in the condition such as "to Adam, as long as the land is used for a park," then upon the happening of a specified event such as the land being used for something other than a park, the estate will automatically terminate and revert to the grantor or the grantor's estate; this is called a fee simple determinable.
- If there is a condition such as "no alcohol to be served," then it would be a condition subsequent, as you can lose the title if you serve alcohol on the property.
3. Life estate
A life estate is an interest in real property which is held for the duration of the life of a designated person. It may be limited by the life of the person holding it or by the life of another person.
For example, Anne can give a property to Dan for the life of Anne. Dan would be the life tenant.
A life tenant receives the property and is responsible for maintenance of the property and paying taxes. If a life tenant allows a property to deteriorate, it would be committing waste; a life tenant cannot commit waste.
A life tenant cannot leave a property to anyone in their will. However, a life tenant may sell, mortgage or lease the property for the duration of the estate, and thus all contracts would be terminated upon the death of the life tenant.
For example, if Dan dies and the property goes back to Anne, Anne would have the estate in reversion. If Anne dies, then the property would not be Dan's because he had it as long as Anne was alive.
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1:04:54
Property law Lecture on "Freehold Covenants" University of London LLB UK. Contact us for tuition
#law #lawyer #london #uk #unitedkingdom #universityoflondon #llb #property #propertylaw #l...
published: 18 Jul 2022
Property law Lecture on "Freehold Covenants" University of London LLB UK. Contact us for tuition
Property law Lecture on "Freehold Covenants" University of London LLB UK. Contact us for tuition
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- published: 18 Jul 2022
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Freehold (law)
In England and Wales and Scotland, a freehold is the ownership of real property, or land, and all immovable structures attached to such land, as opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired.Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock.
Before the Law of Property Act 1925, a freehold estate transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to lineal descendants ("heirs of the body"/"heirs of the blood") of the first person to whom the estate was given, it was a "fee tail" estate. There were also freehold estates not of inheritance, such as an estate for life.
For an estate to be a freehold it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land), and ownership of it must be of an indeterminate duration. If the time of ownership can be fixed and determined, it cannot be a freehold.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Freehold_(law)
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This is because of a quirk of English law that means positive obligations (or 'covenants') imposed in freehold deeds do not automatically bind new owners when the land changes hands.
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