Land includes: (a) Buildings and other structures; (b) Land
Section 123(1) Land Registration Act 2002 covered with water, and; (c) Mines and minerals, whether or
not held with the surface.
Land includes: Land of any tenure; Mines and Minerals;
Buildings or Parts of Buildings; Corporeal Hereditaments;
Section 205(1)(ix) Law of Property Act 1925 Incorporeal Hereditaments; An easement, right, privilege, or
benefit in, over, or derived from land.
A conveyance of land operates to convey, with the land; all
Section 62 Law of Property Act 1925 buildings, erections and fixtures”.
LAND REGISTRATION
The only estates in land which are capable of subsisting or
of being conveyed or created at law are:
Section 1(1) Law of Property Act 1925 (i) An estate in fee simple absolute in possession
(Freehold)
(ii) A term of years absolute (Leasehold)
FEE SIMPLE: the estate continues for as long as the owner
has someone to succeed him (under will or intestacy)
ABSOLUTE: the estate is perpetual; nothing will terminate it
Fee Simple Absolute In Possession prematurely
IN POSSESSION: the estate must be immediate, not arising
in the future
• Includes receipt of rents and profits
A term for any period with a fixed and certain duration as a
minimum. Includes:
Section 205 Law of Property Act 1925 (Term of Years Lease for specified number of years
Absolute) Leases for less than a year
Periodic tenancies, e.g. weekly or monthly tenancies
Does not include leases for life
All other estates, interests, and charges in or over land take
Section 1(3) Law of Property Act 1925 effect as equitable interests.
All conveyances of land or of any interest therein are void for
the purpose of conveying or creating a legal estate unless
made by deed.
Section 52(1) Law of Property Act 1925 All legal interests under s 1(2) LPA 1925 must be made by
deed. If no deed is used, then a legal interest has not been
created (although an equitable one may have been)
This does not apply to leases or tenancies...not required by
Section 52(2) Law of Property Act 1925 law to be in writing.
Makes it clear that any conveyance is VOID for the purpose
of creating or disposing of a legal interest or estate.
Section 52 Law of Property Act 1925 However, an equitable interest or estate may be created