LAND
LAW
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CONTENTS
01 Fixtures, Estates & Interests in Land 2
02 Registered & Unregistered Land 3
03 Leasehold Estates 4
04 Leasehold Covenants 5
05 Freehold Covenants 6
06 Easements 7
07 Legal Mortgages 8
08 Trusts of Land & Express Co-Ownership 9
09 Implied Co-Ownership 10
★ 30-Second Full Revision 11
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, 01 FIXTURES, ESTATES & INTERESTS IN LAND
FIXTURES v CHATTELS — BERKLEY v POULETT
Degree of annexation: attached to the soil = presumed a fixture (rebuttable if easily removable). Purpose of annexation: placed to
enhance the land/building permanently = fixture (D'Eyncourt v Gregory); placed merely for its own better enjoyment = chattel, even if
fixed (Leigh v Taylor — tapestries tacked up for display).
LEGAL ESTATES & INTERESTS — s1 LPA 1925
Legal estates (s1(1)): freehold (fee simple absolute in possession) and leasehold (term of years absolute) — the only 2 possible.
Legal interests (s1(2)): only easements and legal mortgages can be LEGAL third-party rights.
Equitable interests: everything else — trust interests, restrictive covenants, estate contracts, non-legal easements.
CONVEYANCING — 2 STAGES
(1) Exchange of contracts — must be in writing, all express terms, signed by both (s2 LP(MP)A 1989); the buyer gets an equitable interest
(estate contract). (2) Completion — a deed transfers the legal estate (s52 LPA); legal title only passes then.
LICENCES — NOT PROPRIETARY
Mere permission to be on land, revocable at will — not an estate or interest. Bare licence: no consideration. Contractual licence: supported by
consideration — breach on revocation may found damages or an injunction, but still no property right.
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