©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
GDL Land Law Basics Exam Study Guide.
Estates in Land - answer✔Freehold and Leasehold
S1(1)(a) LPA 1925 - answer✔Freehold - few simple in possession
S1(1)(b) LPA 1925 - answer✔Leasehold - term of years absolute
Interests in land - answer✔Easements and profits
Restrictive covenants
Mortgages
Contracts or options to buy or rights of pre-emption
Interests under a trust or by estoppel
S1(2) LPA 1925 - answer✔Lists legal interests
S1(3) LPA 1925 - answer✔Other interests that are only recognised by equity
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
LPA 1925 s205(1)(ix) - answer✔What is included in ownership of land
Grigsby v Melville - answer✔The Court of Appeal held that the cellar was owned by the plaintiff
and based their reasoning partly on the fundamental principle that a conveyance of land
ordinarily carries with it all that is beneath the surface.
The Lower Airspace - answer✔If a structure, for example a crane or a washing line, overhangs
your property, that is a trespass irrespective of whether damage is caused to your property.
Kelsen v Imperial Tobacco Co - answer✔An advertising sign erected by the defendant projected
into the airspace above the plaintiff's shop by a few inches. The court granted a mandatory
(positive) injunction requiring the defendant to remove the sign.
Lemmon v Webb [1895] - answer✔A neighbouring owner is entitled, without prior notice, to
lop off overhanging branches that intrude into their airspace. However, they are not entitled to
enter onto the neighbour's land to do this, except in cases of emergency. They must lop the
branches off from their own land.
Ellis v Loftus Iron Co (1874) - answer✔A horse putting its head across a dividing fence
constituted a trespass over the neighbour's property.
Bernstein of Leigh (Baron) v Skyviews and General Ltd - answer✔The court held that the
defendant had not committed trespass. He was flying many hundreds of feet above the ground
and did not interfere with any use to which the plaintiff might put the land.
2|Page
ALL RIGHTS RESERVED.
GDL Land Law Basics Exam Study Guide.
Estates in Land - answer✔Freehold and Leasehold
S1(1)(a) LPA 1925 - answer✔Freehold - few simple in possession
S1(1)(b) LPA 1925 - answer✔Leasehold - term of years absolute
Interests in land - answer✔Easements and profits
Restrictive covenants
Mortgages
Contracts or options to buy or rights of pre-emption
Interests under a trust or by estoppel
S1(2) LPA 1925 - answer✔Lists legal interests
S1(3) LPA 1925 - answer✔Other interests that are only recognised by equity
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
LPA 1925 s205(1)(ix) - answer✔What is included in ownership of land
Grigsby v Melville - answer✔The Court of Appeal held that the cellar was owned by the plaintiff
and based their reasoning partly on the fundamental principle that a conveyance of land
ordinarily carries with it all that is beneath the surface.
The Lower Airspace - answer✔If a structure, for example a crane or a washing line, overhangs
your property, that is a trespass irrespective of whether damage is caused to your property.
Kelsen v Imperial Tobacco Co - answer✔An advertising sign erected by the defendant projected
into the airspace above the plaintiff's shop by a few inches. The court granted a mandatory
(positive) injunction requiring the defendant to remove the sign.
Lemmon v Webb [1895] - answer✔A neighbouring owner is entitled, without prior notice, to
lop off overhanging branches that intrude into their airspace. However, they are not entitled to
enter onto the neighbour's land to do this, except in cases of emergency. They must lop the
branches off from their own land.
Ellis v Loftus Iron Co (1874) - answer✔A horse putting its head across a dividing fence
constituted a trespass over the neighbour's property.
Bernstein of Leigh (Baron) v Skyviews and General Ltd - answer✔The court held that the
defendant had not committed trespass. He was flying many hundreds of feet above the ground
and did not interfere with any use to which the plaintiff might put the land.
2|Page
