Bar Part I Land Law key terms

The surface of the earth plus things permanently attached to it by nature or by human effort, together with the airspace and subsoil reasonably needed for enjoyment of the surface.

Rights and interests in land and things attached to land, as distinguished from movable goods; the term describes the legal interest rather than the physical soil itself.

An item of movable personal property that is not permanently attached to land; whether an item has become a fixture determines if it passes with the land on transfer.

A chattel that has become so attached to land that it is treated as part of the land; courts weigh the degree and purpose of annexation and the intention of the person who affixed it.

The largest freehold estate recognised at common law, lasting indefinitely and descendible to heirs; it is freely alienable and endures until the holder dies intestate without successors or conveys it away.

An estate of uncertain duration, such as a fee simple or life estate, held for a period that cannot be fixed in advance; it contrasts with estates of fixed maximum duration.

An estate lasting only for the lifetime of a named person; the holder may use and take profits but must not commit waste that permanently reduces the value of the reversion.

The interest that remains with a grantor who transfers a lesser estate than the one held, such as a life estate out of a fee simple; it becomes possessory when the lesser estate ends.

A future interest created in a third party that is intended to become possessory when a prior estate naturally ends, without cutting that prior estate short.

A future interest held by an ascertained person with no condition precedent other than the natural ending of the preceding estate, so it is certain to become possessory eventually.

A future interest that will become possessory only if an uncertain event occurs or only when the holder becomes an ascertained person; it may fail entirely.

Co-ownership in which each co-owner holds an undivided share under a single title with the four unities present, and the survivor takes the whole on the death of another.

Co-ownership in which each holder owns a distinct, transferable undivided share that passes to their estate on death rather than to the other co-owners.

The feature of a joint tenancy under which the surviving joint tenants automatically absorb the interest of a deceased joint tenant, so the last survivor holds the whole estate.

The act that converts a joint tenancy into a tenancy in common, for example by alienation of a share, mutual agreement, or conduct showing the co-owners intended separate shares.

A court-ordered or agreed division of co-owned land, either physically among the co-owners or by sale and distribution of the proceeds, ending the co-ownership.

Simultaneous ownership of the same land by two or more persons, whether at law or in equity, in the form of a joint tenancy or a tenancy in common.

Acquisition of title by long, open, peaceful and continuous possession of another's land without permission, which extinguishes the paper owner's right to recover after the limitation period expires.

The statutory time within which an owner must bring an action to recover land; once it runs against the owner, the adverse possessor may apply for or acquire title.

Acquisition of an easement or profit by long, continuous and peaceable use as of right, without force, secrecy or permission, over another person's land.

A right attached to one parcel of land that allows its holder to use another parcel in a defined way, or to prevent specified uses, without taking possession of that land.

The parcel of land that benefits from an easement or profit; the right must be exercised for the benefit of this land and passes with it on transfer.

The parcel of land over which an easement or profit is exercised; it bears the burden of the right and any purchaser takes subject to properly protected interests.

A right to enter another person's land and take something from it, such as crops, timber, minerals or fish; it may be held alone or attached to land.

A promise by a landowner not to use land in a particular way, enforceable in equity against successors who take with notice and protected by registration or recording.

A system in which title to land is recorded in a public register, with the register itself generally conclusive evidence of the interests it records rather than merely giving notice.

A system that records instruments affecting title in the order they are lodged, so priority usually depends on order of recording and unrecorded interests may be defeated by later purchasers.

The principle that a registered proprietor's title cannot be set aside by reason of an earlier unregistered interest, subject to statutory exceptions such as fraud and overriding interests.

A purchaser who buys in good faith and for value without notice of an existing adverse interest, and who may therefore take free of that interest under the applicable registration rules.

Knowledge of an existing interest in land, whether actual, constructive from inspecting the land and register, or imputed; notice can defeat a purchaser's claim to take free of an interest.

A grant of exclusive possession of land for a fixed or ascertainable term, usually in return for rent, creating an interest that binds successors to the reversion.

The relationship created by a lease or similar arrangement between landlord and tenant; it may be fixed-term, periodic, at will or at sufferance, each with different termination rules.

A tenancy that renews automatically for successive periods, such as week to week or month to month, until either party gives proper notice to quit.

The notice a landlord or tenant must serve to end a periodic tenancy; it must expire at the end of a complete period and comply with any statutory length requirements.

A landlord's right to terminate a lease early because of the tenant's breach, usually exercised by re-entry or court proceedings and subject to relief against forfeiture.

A security interest in land granted to secure repayment of a debt, giving the lender rights to enforce against the property if the borrower defaults.

The borrower's equitable right to pay off the secured debt and recover the property free of the mortgage, even after the contractual redemption date has passed.

A lender's remedy that extinguishes the borrower's equity of redemption and vests the property in the lender, usually after court proceedings and an opportunity to redeem.

The statutory power of the state or a public authority to take private land for a public purpose, subject to prescribed procedure, notice and payment of compensation.

The inherent power of the state to take private property for public use, typically conditioned on due process and payment of fair compensation to the owner.

The money payable to a person whose land is taken or injuriously affected by public works, assessed by reference to the value of the land and the loss suffered.

Landholding under the unwritten customs of a community, where rights are held by the group or family and allocated by traditional authorities rather than by individual registered title.

Landholding created or regulated by legislation, such as state leases, registered freeholds or statutory tenancies, with rights and duties fixed by the statute rather than custom.

Ownership vested in a community or group rather than in individuals, with members enjoying use rights allocated under customary rules and group consent required for alienation.

An equitable remedy ordering a party to perform a contract, commonly granted for contracts for the sale of land because land is treated as unique and damages may be inadequate.

A court order requiring a party to do or refrain from doing something, often used in land matters to restrain trespass, nuisance or breach of covenant.

A binding agreement to transfer an interest in land, which must satisfy formalities such as writing and signature and which creates an equitable interest in the purchaser.

The instrument or act by which an interest in land is transferred from one person to another, completing the transfer of title on registration or delivery as the system requires.

A transfer of land taking effect on the owner's death through a valid will, which must comply with statutory formalities and may be challenged for capacity or undue influence.

The situation where a person dies without a valid will, so land passes according to statutory rules of distribution among surviving relatives rather than the deceased's wishes.

The ranking of competing interests in the same land, determined by registration, notice or the order in which equitable interests arose, and decisive when the land cannot satisfy all claims.

An unjustified direct interference with another's possession of land, actionable without proof of damage and remediable by damages or an injunction.