Understanding Land Law 2

Welcome to the Understanding Land Law 2 page.

UnderstanDing land law

PART 2

AN introduction to land law, PROPERTY & Equity

I am writing this article to explain the basics so that any new land law student will go into the subject with a clear understanding of the doctrine and principles they will encounter.

Life interests

There is no one-size-fits-all answer to this question, as the best way to write a law school exam answer will vary depending on the particular exam and the specific question being asked. However, some general tips can help you write a strong answer to any law school exam question.

When it comes to legal writing, there are certain do’s and don’ts that you should keep in mind. First and foremost, always remember to use proper grammar and punctuation. This may seem like a no-brainer, but you’d be surprised how many people make simple mistakes that can easily be avoided.

“A conveyance of freehold land to any person without words of limitation. . . shall pass to the grantee the fee simple or other the whole interest which the grantor had power to convey in such land, unless a contrary intention appears in the conveyance.”

Future fees simple

Future fees are equitable, that is they operate behind a trust. One example is where there is a prior interest, which prevents the fee giving immediate rights to the land. Thus:

B to A for life, reversion to B in fee simple;

B to A for life, remainder to C in fee simple

Note the terminology: a reversion comes back to the person who gave away a smaller interest, whereas a remainder is something left over to a third person after the gift of a smaller interest. A fee simple will also be equitable if there is some condition (a condition precedent), which has to be satisfied before the interest takes effect. Parents often want to defer the entitlement of their children until the age of 25 or 30, which leaves a gap in beneficial ownership until that age is reached. Thus:

Understanding Land Law 2

Understanding Land Law 2