Which of the following is an example of a legal interest created by common law?

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 an example of a legal interest created by common law?

Explanation:
The key idea here is recognizing which land rights come from common-law creation as formal property interests. A right to take something from land—like minerals, timber, or game—is a profits à prendre. This is a classic legal interest in land recognized by common law. It attaches to the land itself, can run with the land to successors, and is enforceable as a property right, not merely a personal permission. By contrast, a license to occupy land is just a personal permission that can be revoked and does not create a proprietary interest in the land. An equitable interest created by a trust exists in equity, not as a legal estate. And a right to receive rent charged on land is a form of charge or encumbrance, often arising from deed or statute, not a fresh common-law legal interest in the land itself. So the right to take from land best exemplifies a legal interest created by common law.

The key idea here is recognizing which land rights come from common-law creation as formal property interests. A right to take something from land—like minerals, timber, or game—is a profits à prendre. This is a classic legal interest in land recognized by common law. It attaches to the land itself, can run with the land to successors, and is enforceable as a property right, not merely a personal permission.

By contrast, a license to occupy land is just a personal permission that can be revoked and does not create a proprietary interest in the land. An equitable interest created by a trust exists in equity, not as a legal estate. And a right to receive rent charged on land is a form of charge or encumbrance, often arising from deed or statute, not a fresh common-law legal interest in the land itself.

So the right to take from land best exemplifies a legal interest created by common law.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy