By Roger J. Smith
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Extra info for Introduction to Land Law
This means that Salman will lose his interest should he ever start to smoke. When an interest is limited in this way, it is called a qualified interest. In most situations there is no such qualification; the interest is then described as absolute. Qualified interests attract a morass of complex and largely outdated rules. There are two forms: conditional interests and determinable interests. These are briefly described in Chapter 11. Let us return to the proposition that English land law does not recognise ownership.
This enables issues based on the European Convention for the Protection of Human Rights and Fundamental Freedoms to be litigated in English courts. Although cases had previously been heard by the European Court of Human Rights in Strasbourg, the 1998 Act has led to far more interest in the topic. Land law is no exception. In assessing human rights, one of the problems is that we are still unsure as to what sorts of situation are likely to justify the application of Convention rights. Nevertheless, there have been some important decisions in the past few years.
A simple loan of a large amount to two young people with no assets would be very risky for the lender – there is a good chance the sum would not be repaid. However, a mortgage over the house makes the transaction viable. It means that if Gillian and Harry are unable to pay then (as a last resort) the house can be sold to pay off the loan. This makes lenders more willing to lend money. The mortgage is the principal example of a security interest. Unlike other interests, security interests don’t involve use of the land or impose obligations as to land use.
Introduction to Land Law by Roger J. Smith