Land Law
Nature of land
Distinction between real property and personal property
Importance of the ● Higher degree of formality required to transfer real property
distinction than personal property
What ‘land’ includes The surface, buildings, or parts of buildings on the land, other
corporeal hereditaments and incorporeal hereditaments
● Corporeal hereditaments: physical things attached to the land
(fixtures)
● Incorporeal hereditaments: the benefits of proprietary rights
the land has (e.g. easements)
General rule on airspace An owner’s rights in the airspace above their land are restricted to
such a height as is necessary for the ordinary use and enjoyment of
the land and the structures upon it
The court distinguishes between:
● Upper airspace: no action for nuisance or trespass
○ Statute also grants immunity from these claims to
aircrafts
● Lower airspace: actions for nuisance or trespass possible,
regardless of whether damage is caused to the property or not
○ Even if this is by a very small margin, e.g. few inches
General rule on the The conveyance of a land ordinarily carries with it all that is beneath
ground below land the surface - whether the owner can access it or not does not matter
Exceptions:
● A landowner is not entitled to all minerals - gold and silver belong
to the crown
● Treasure also belongs to the crown
● Coal under land belongs to the coal authority
● No trespass at depths below 300 metres
Fixtures v Chattels General rule is that fixtures are part of the land (unless the item is
expressly excluded from the sale), chattels are not
Test for determining whether an object is a fixture or a chattel:
● Degree of annexation: how and to what extent the object is
attached to the land
○ The more attachment, the more likely it is to be a fixture
○ If it is easy to remove without specialists, likely to be a
chattel
○ If the object rests on the land by its own weight, it is a
chattel
● Purpose of annexation: why the object is attached to the land
○ This is the more important test
○ If purpose of annexation is to enjoy the chattel itself, the
object is a chattel
, ○ If purpose of annexation is to increase enjoyment of the
land, it is likely a fixture
○ If something is part of the overall design scheme, it will
be classed as part of the land
Examples of chattels ● Ornamental things like pictures
● Carpets and curtains
● Kitchen appliance (if they are not integrated)
● Tapestries
Examples of fixtures ● Kitchen units (even if they can be moved around)
● Items installed by a builder
● Bathroom fittings
● Things that form part of the architectural design of the land
● Things that cannot be removed without destroying them
How to agree which items Law soc fixtures and contents form TA10
will pass in the sale
Acquiring and transferring legal estates
Freehold estate This lasts until the owner dies without heirs and without disposing of it by
will
● In this case the estate reverts to the crown
‘Fee simple absolute in possession’
However, the owner of the freehold is able to sell it, give it away or grant
a lease over it
Leasehold estate Where a freehold owner grants a lesser estate of a certain duration
● Or can also be out of another leasehold (sub-lease)
‘Term of years absolute’
Freehold revision: the residue of the estate after granting of a lease
Leasehold reversion: the residue of the estate where the grantor holds
a leasehold estate
● When the lease ends, physical possession of the land
automatically reverts to the landlord
Transferring a freehold Can be done through sale, a will, a gift or operation of law (e.g.
estate bankruptcy)
When selling a freehold, 3 things are required:
● Exchange of contracts
● Completion of the deed
● Registration
Exchange of contracts After this point, parties are legally committed to the transaction
Requirements for a contract for the sale of land:
● In writing
● Contains all the expressly agreed terms
● Signed by both parties
,Completion of the deed This completes the transfer (or a conveyance if the land is unregistered)
Requirements for a valid deed:
● Clear on the face of it that it is intended to be a deed
● Validly executed (by seller)
○ Signed (and witnessed, who must also sign their
signature)
○ If seller is a company, they can execute the deed by:
■ 2 directors signing in the presence of a witness
■ One director and the company secretary signing
in the presence of a witness
■ Affixing the common seal of the company
○ No legal requirement for the buyer to execute the deed,
only the seller!!
● Delivered
○ Done by dating the document
Usually form TR1 is used
Registration In registered land, legal title does not transfer until registration has
taken place
● If land is unregistered, legal title is transferred upon completion
of the deed
○ But first compulsory registration will be triggered WHEN
UNREGISTERED LAND IS SOLD and registration
must take place within 2 months of completion,
otherwise legal title will revert back to the seller
Land/estate contracts Requirements for all land contracts are the same
● In writing
● Contain all expressly agreed terms
● Signed by both parties
Where a material term in a land contract is varied, that variation
must also comply with these requirements
Effect of a land/estate Passes an equitable interest in the land to the buyer
contract ● Can be considered as a proprietary right - e.g a lease that was
not executed properly was upheld
○ Equitable remedies available
○ But must be in good faith
Examples of estate contracts:
● Contracts to buy/lease
● Option agreements - gives a party the option to serve notice that
they wish to buy the land
● Right of pre-emption - right of first refusal
● Failed legal estates/interests
Enforceability of an Capable of being binding and specifically enforceable on third
estate contract parties (subsequent owners of the freehold)
● Donees (inherits the land by gift/through a will) will always be
bound by an estate contract
Remedies for breach of an estate contract:
, These are always discretionary
● Specific performance
● Damages
● Injunction
Creation and transfer of a ● To create a lease of over legal 7 years, deed must be used
legal lease and deed registered at the land registry otherwise will not take
effect at law
● If the term of the legal lease if 7 years or less, deed must be
used but it does not have to be registered as it is an
overriding interest (if validly created)
● To create a legal lease of 3 years of less, no formalities are
required if: tenant moves in right away, is at market rate and
there is no premium
o Legal lease be transferred by deed even if it isn’t created
by one
Acquiring and disposing of legal and equitable interests in land
Legal interests ● Mortgages
● Easements granted for a certain term
● Rights of entry
Equitable interests ● Freehold covenants
● Estate contracts
● Interests in a trust of land
● Easements granted for an uncertain term
● Profits á prendre (rights to take something from the land of
another)
Distinction between legal Relevant to remedies and enforcement
and equitable interests
Nature of land
Distinction between real property and personal property
Importance of the ● Higher degree of formality required to transfer real property
distinction than personal property
What ‘land’ includes The surface, buildings, or parts of buildings on the land, other
corporeal hereditaments and incorporeal hereditaments
● Corporeal hereditaments: physical things attached to the land
(fixtures)
● Incorporeal hereditaments: the benefits of proprietary rights
the land has (e.g. easements)
General rule on airspace An owner’s rights in the airspace above their land are restricted to
such a height as is necessary for the ordinary use and enjoyment of
the land and the structures upon it
The court distinguishes between:
● Upper airspace: no action for nuisance or trespass
○ Statute also grants immunity from these claims to
aircrafts
● Lower airspace: actions for nuisance or trespass possible,
regardless of whether damage is caused to the property or not
○ Even if this is by a very small margin, e.g. few inches
General rule on the The conveyance of a land ordinarily carries with it all that is beneath
ground below land the surface - whether the owner can access it or not does not matter
Exceptions:
● A landowner is not entitled to all minerals - gold and silver belong
to the crown
● Treasure also belongs to the crown
● Coal under land belongs to the coal authority
● No trespass at depths below 300 metres
Fixtures v Chattels General rule is that fixtures are part of the land (unless the item is
expressly excluded from the sale), chattels are not
Test for determining whether an object is a fixture or a chattel:
● Degree of annexation: how and to what extent the object is
attached to the land
○ The more attachment, the more likely it is to be a fixture
○ If it is easy to remove without specialists, likely to be a
chattel
○ If the object rests on the land by its own weight, it is a
chattel
● Purpose of annexation: why the object is attached to the land
○ This is the more important test
○ If purpose of annexation is to enjoy the chattel itself, the
object is a chattel
, ○ If purpose of annexation is to increase enjoyment of the
land, it is likely a fixture
○ If something is part of the overall design scheme, it will
be classed as part of the land
Examples of chattels ● Ornamental things like pictures
● Carpets and curtains
● Kitchen appliance (if they are not integrated)
● Tapestries
Examples of fixtures ● Kitchen units (even if they can be moved around)
● Items installed by a builder
● Bathroom fittings
● Things that form part of the architectural design of the land
● Things that cannot be removed without destroying them
How to agree which items Law soc fixtures and contents form TA10
will pass in the sale
Acquiring and transferring legal estates
Freehold estate This lasts until the owner dies without heirs and without disposing of it by
will
● In this case the estate reverts to the crown
‘Fee simple absolute in possession’
However, the owner of the freehold is able to sell it, give it away or grant
a lease over it
Leasehold estate Where a freehold owner grants a lesser estate of a certain duration
● Or can also be out of another leasehold (sub-lease)
‘Term of years absolute’
Freehold revision: the residue of the estate after granting of a lease
Leasehold reversion: the residue of the estate where the grantor holds
a leasehold estate
● When the lease ends, physical possession of the land
automatically reverts to the landlord
Transferring a freehold Can be done through sale, a will, a gift or operation of law (e.g.
estate bankruptcy)
When selling a freehold, 3 things are required:
● Exchange of contracts
● Completion of the deed
● Registration
Exchange of contracts After this point, parties are legally committed to the transaction
Requirements for a contract for the sale of land:
● In writing
● Contains all the expressly agreed terms
● Signed by both parties
,Completion of the deed This completes the transfer (or a conveyance if the land is unregistered)
Requirements for a valid deed:
● Clear on the face of it that it is intended to be a deed
● Validly executed (by seller)
○ Signed (and witnessed, who must also sign their
signature)
○ If seller is a company, they can execute the deed by:
■ 2 directors signing in the presence of a witness
■ One director and the company secretary signing
in the presence of a witness
■ Affixing the common seal of the company
○ No legal requirement for the buyer to execute the deed,
only the seller!!
● Delivered
○ Done by dating the document
Usually form TR1 is used
Registration In registered land, legal title does not transfer until registration has
taken place
● If land is unregistered, legal title is transferred upon completion
of the deed
○ But first compulsory registration will be triggered WHEN
UNREGISTERED LAND IS SOLD and registration
must take place within 2 months of completion,
otherwise legal title will revert back to the seller
Land/estate contracts Requirements for all land contracts are the same
● In writing
● Contain all expressly agreed terms
● Signed by both parties
Where a material term in a land contract is varied, that variation
must also comply with these requirements
Effect of a land/estate Passes an equitable interest in the land to the buyer
contract ● Can be considered as a proprietary right - e.g a lease that was
not executed properly was upheld
○ Equitable remedies available
○ But must be in good faith
Examples of estate contracts:
● Contracts to buy/lease
● Option agreements - gives a party the option to serve notice that
they wish to buy the land
● Right of pre-emption - right of first refusal
● Failed legal estates/interests
Enforceability of an Capable of being binding and specifically enforceable on third
estate contract parties (subsequent owners of the freehold)
● Donees (inherits the land by gift/through a will) will always be
bound by an estate contract
Remedies for breach of an estate contract:
, These are always discretionary
● Specific performance
● Damages
● Injunction
Creation and transfer of a ● To create a lease of over legal 7 years, deed must be used
legal lease and deed registered at the land registry otherwise will not take
effect at law
● If the term of the legal lease if 7 years or less, deed must be
used but it does not have to be registered as it is an
overriding interest (if validly created)
● To create a legal lease of 3 years of less, no formalities are
required if: tenant moves in right away, is at market rate and
there is no premium
o Legal lease be transferred by deed even if it isn’t created
by one
Acquiring and disposing of legal and equitable interests in land
Legal interests ● Mortgages
● Easements granted for a certain term
● Rights of entry
Equitable interests ● Freehold covenants
● Estate contracts
● Interests in a trust of land
● Easements granted for an uncertain term
● Profits á prendre (rights to take something from the land of
another)
Distinction between legal Relevant to remedies and enforcement
and equitable interests
