Which of the following is capable of being a legal interest affecting freehold land?

Prepare for the CILEx F4 Property and Private Client Test. Utilize flashcards and multiple choice questions, complete with hints and detailed explanations. Ace your exam with thorough preparation!

Multiple Choice

Which of the following is capable of being a legal interest affecting freehold land?

Explanation:
The important idea here is that a legal interest affecting freehold land must be a right that attaches to the land itself and can run with the title. An easement is exactly that—a non-possessory right by one landowner to use another’s land in a specific way (for example, a right of way, drainage, or light). When properly created, an easement is a property right that binds current and future owners of the land, so it can affect how the land is used and is enforceable against successors in title. A license, by contrast, is simply permission to do something on someone else’s land. It does not create a proprietary right and does not bind third parties or run with the land. So it is not a legal interest affecting land in the same sense. Mortgages by charge and leases are also legal interests in land, but they serve different purposes (security interests and leased estates, respectively). The question points to the characteristic example of a land-affecting right, which is the easement.

The important idea here is that a legal interest affecting freehold land must be a right that attaches to the land itself and can run with the title. An easement is exactly that—a non-possessory right by one landowner to use another’s land in a specific way (for example, a right of way, drainage, or light). When properly created, an easement is a property right that binds current and future owners of the land, so it can affect how the land is used and is enforceable against successors in title.

A license, by contrast, is simply permission to do something on someone else’s land. It does not create a proprietary right and does not bind third parties or run with the land. So it is not a legal interest affecting land in the same sense.

Mortgages by charge and leases are also legal interests in land, but they serve different purposes (security interests and leased estates, respectively). The question points to the characteristic example of a land-affecting right, which is the easement.

More Multiple Choice Questions
Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy