Summary Land Law Detailed Notes SQE1 FLK2

LAND REVISION NOTES
THE NATURE OF LAND – UNIT 1
WHAT IS LAND?

Statutory definition LPA 1925, s205(1)(IX)
Summary includes surface, buildings or parts of buildings on the land, other corporeal
hereditaments (other things attached to land).


Airspace – Civil law distinguishes between the upper airspace and the lower airspace.
 Lower airspace: Such height as is necessary for the ordinary use and enjoyment
of the land.
o Any structure overhanging property in the ‘lower airspace’ is trespass:
 Kelsen: injunction granted for removal of overhanging sign.
 Anchor: Jib train trespassed.
 Upper- Airspace: Above that height has no other greater right than any other
person- Bernstein v Skyviews.
o Civil Aviation Act 1982, s76(1): Grants immunity from trespass or nuisance
for any innocent flight or aircraft.


Ground Below:

 Landowner not entitled to all the minerals under his land. All mines of
gold and silver belong to the crown- Treasure Act 1996.
o Coal belongs to the coal authority- Coal Act 1938
o Infrastructure Act 2015, s43: there is no trespass at depths below 300m
and so no need to consent to deep-level drilling.


Fixtures

Whatever is attached to the land, becomes part of the land.

Legal Test:


1. Degree of annexation test- the more firmly the object is attached to the building,
the more likely it is to be classified as a fixture. Even if easy to remove, it is prima
facie a fixture.
2. The purpose of annexation test- was the annexation for more convenient use of
enjoyment of chattel, or to enhance the building in some way?  raises the
assumption that the thing in question is not a fixture.

Garden ornaments which were not attached to the land could nonetheless be regarded
as a fixture when they formed part of the architectural design of the garden and were
intended to enhance the land.

, PROPRIETARY RIGHTS IN THE LAND

Proprietary right: Can be enforced by an action in rem, meaning use or possession
can be recovered. Can be enforced against a third party.

Personal right: Can only be enforced by personal action for damages if the right is
breached. Personal rights will only bind the original parties to the right. Cannot be used
against a third party.

To determine if a right is proprietary or
Proprietary rights in the land: personal, we need to look at.
 Freehold estate  On the fixed list?
 Leasehold estate  Nature of the right- any
 An easement substantive characteristics.
 A mortgage  Creation of the right?-
 A restrictive covenant formalities in accordance?
 An estate contracts.  Protection of the right- is
 A beneficial interest in a trust it enforceable against a third
land party?



ESTATES IN LAND


Freehold Estate: Fee simple Absolute Possession (LPA 1925, s1(1)(a))

Right of possession which lasts until the owner for the time being dies without heirs.

 ‘Fee’- capable of being inherited.
 ‘Simple’-inherited by an heir, including distant relatives.
 ‘absolute’- estate is not liable to end prematurely.
 ‘In possession’- owner has current right to use and enjoyment of the property.

If the current owner dies without any kin, land is Bona Vacatia and estate reverts to the
crown.

Commonhold freehold registered estate, designed to meet need for flats or apartments
were owners interdependent, such as retirement homes.

Leasehold estate: LPA s1(1)(b)

Freeholder grants a leaseholder a lesser estate which is of a certain duration, the estate
granted in term of years is absolute (fixed term leases – duration is certain/periodic leases for
one period)

 Residue of estate after lease= freehold reversion.
 Residue of estate after granting= leasehold reversion

Sub-lease: leaseholder grants a lease of a lesser duration out of their own lease.

, Hierarchy of rights of possession

Crown is the owner of the land.

Freehold estate  Leasehold Estate 1 Leasehold estate (sub-lease)

Interests in the land

LEGAL INTERESTS IN THE LAND




‘Home Rights’ exist independently of any equitable interest  legal non owning spouse.
The conditions are that they are married or in a civil partnership and the property is or
was intended to be the matrimonial or civil partnership home. In registered land, this
right should be protected by registration of a notice in the Charges Register.
Legal Interests- LPA 1925, s1

Capable of being legal Equitable by nature
 Mortgage  Restrictive covenant
 20 years easement  Option to buy
 Leases for five years  Sale contract
 Easement for life
 Beneficial interest
 Contract to grant
easement

, CONVEYANCING- TRANFER OF ESTATE

Can be transferred by: Sale, gift, Will, Operation of law (death or bankruptcy).


Formalities:

 Deed- conveyances of legal title by deed, LPA 1925, s52(1).
o Requirements:
 Document clearly intended to take effect as deed.
 Signed by the seller.
 in the presence of a witness who signs.
 Must be delivered (dated)
 Registration- LRA 2002, s4(1) and 27(1)
o Registration in national land register.
o No legal title until register.


Exception of ‘Parol leases’:

 For three years or less
 Must take effect in possession
 Paying best rent
 No fine/premium charged

Valid Land Contract

S2 LP(MP)A Requirements:

 In writing
 Contain all the terms.
 Signed by both parties.

Sale of the freehold:

Exchange There does not have to be a contract, but if there is one it needs to
of contracts comply with S2 LP(MP)A requirements. Valid contract passes equitable
interest to the buyer.
Completion Transfer by deed

Registratio Unregistered Land legal title passes at point when the buyer pays
n the balance and seller hands keys. This then triggers the requirement for
registration at the Land Registry (s4 and s6) within 2 months.

o
Otherwise reverts back to seller to hold on bare trust for
buyer.
Registered Land Legal title passes upon registration- s27 LRA 2002.