Checklist:
Unit 1 done
Unit 2 done need to check on trusts for land charge
Unit 3 done need to check on trusts
Unit 4 trusts done
Unit 5a/b done
Unit 6 done
Unit 7 done
Unit 8 done
Definition of Land:
s.205 (1)(ix) of the Law of Property Act 1925- “Land” includes land of any tenure, and
mines and minerals, whether or not held apart from the surface, buildings or parts of
buildings (whether the division is horizontal, vertical or made in any other way) and other
corporeal hereditaments; also… incorporeal hereditaments, and an easement, right,
privilege, or benefit in, over, or derived from land; and “mines and minerals”…; and
“hereditament” means any real property which on an intestacy occurring before the
commencement of this Act might have devolved upon an heir;
Hereditaments- land or right can be inherited when the original land owner dies.
Corporeal Hereditaments- things we can touch and feel without senses (tangible).
Incorporeal hereditaments- things that can neither be handled nor felt (intangible).
How far above and below ground does the ownership of land extend?
Bernstein of Leigh (Baron) v Skyviews and General Limited [1977] 3 WLR 136- landowner’s
ownership of the airspace above his or her land is restricted to such height as is necessary
for the ordinary everyday enjoyment of the land and the structures that are placed on it.
Infrastructure Act 2015 which means landowners own 300m below of their land.
Fixtures and Chattels
Chattels- moveable property. Can become fixtures through physical attachment.
Fixtures- part of the land
Whatever is attached to the soil becomes part of it. Fixtures are part of land so must remain
with it; chattels are not part of land and may be removed. Usually dealt with by a provision in
the contract for sale in practice.
Annexation= how connected it is to the land.
If a contract is silent look to Berkely v Poulett (1976) 242 EG 39:
(i) The method and degree of annexation
, If there is a physical attachment, then there's a presumption that a chattel has
become a fixture.
The greater degree of annexation or attachment to the land the more likely it is going
to be regarded as a fixture.
Presumption can be rebutted.
(ii) The object and purpose of annexation- conclusive
Who owns the lands?
The crown- everyone else has the right to enjoy the land and this is known as an estate in
land.
Legal estates in land
s.1(1) of the LPA 1925:
The only estates in land which are capable of subsisting or of being conveyed or created at
law are -
(i) An estate in fee simple absolute in possession (freehold);
(ii) A term of years absolute (leasehold).
The freehold estate:
An owner of a freehold estate can do what they like with it, they are free to sell it, rent it,
theyre free to give it away. The estate where the estate is disposed of a person who acquires
it will basically be acquiring an estate that will last as long as his years, last forever. If you
hold a fee simple, absolute in possession you have the equivalent of outright ownership of
the land.
Fee- can be inherited.
Simple- by any class of heir.
Absolute- not determinable or conditional
In possession- now
What happens if a person dies and there are no living heirs?
Property will revert to the crown.
Leasehold estate:
The leasehold estate. Of limited duration. Under s205 (1) (xxvii) LPA 1925 a “term of years”
includes a “term for less than a year, or for a year or years and a fraction of a year or from
year to year” so leases may be fixed term or periodic.
There can be two or more legal estates in the same piece of land at the same time.
, Identify Is Right Formality? Conclusi Unregistered Registered rules for
3rd party capable of on rules for enforceability
right? being enforceability
legal/equitable/
statutory?
Restrictiv Equitable Signed in writing Post 1925- IARE (Interests affecting a
e s.1(3) LPA 1925 s.53(1)(a) LPA 1989 categorised as registered estate) will not
covenant Class D (ii) bind a purchaser unless
Land Charge protected by notice in the
charges register before the
date when the transfer of
the property to the buyer
has been registered.
s.32(1) LRA 2002- “An
entry in the register in
respect of the burden of an
interest affecting a
registered estate or
charge”.
Easement Legal s.52 LPA- executed Provided the Registrable Dispositions
s.1(2) LPA 1925 as a deed legal under s.27 LRA 2002 if
Needs to s.1 LP (MP) A 1989: easement has legal easement created
be for a 1. Make it clear on been created expressly. Must be
fixed the face of it that it is properly the protected by registration. If
period or Equitable a deed person will be so protected by the date of
for s.1(3) LPA 1925 2. Validly executed bound as legal registration of the buyer’s
forever. as a deed by the interests bind transfer, it will bind the
person making it the world. buyer.
Silent/No
time OR OR
period OR
can Signed in writing Overriding interest if legal
assume s.53(1)(a) LPA 1989 Class D(iii) easement by implication or
its prescription (Sched 3 para
forever. 3 LRA 2002)
Anything
uncertain
cant be a
legal
easement.
Estate Equitable Signed, in writing Categorised as IARE (Interests affecting a
contract s.1(3) LPA 1925 and contain all the Class C (iv) registered estate) will not
agreed terms Land Charge bind a purchaser unless
Unit 1 done
Unit 2 done need to check on trusts for land charge
Unit 3 done need to check on trusts
Unit 4 trusts done
Unit 5a/b done
Unit 6 done
Unit 7 done
Unit 8 done
Definition of Land:
s.205 (1)(ix) of the Law of Property Act 1925- “Land” includes land of any tenure, and
mines and minerals, whether or not held apart from the surface, buildings or parts of
buildings (whether the division is horizontal, vertical or made in any other way) and other
corporeal hereditaments; also… incorporeal hereditaments, and an easement, right,
privilege, or benefit in, over, or derived from land; and “mines and minerals”…; and
“hereditament” means any real property which on an intestacy occurring before the
commencement of this Act might have devolved upon an heir;
Hereditaments- land or right can be inherited when the original land owner dies.
Corporeal Hereditaments- things we can touch and feel without senses (tangible).
Incorporeal hereditaments- things that can neither be handled nor felt (intangible).
How far above and below ground does the ownership of land extend?
Bernstein of Leigh (Baron) v Skyviews and General Limited [1977] 3 WLR 136- landowner’s
ownership of the airspace above his or her land is restricted to such height as is necessary
for the ordinary everyday enjoyment of the land and the structures that are placed on it.
Infrastructure Act 2015 which means landowners own 300m below of their land.
Fixtures and Chattels
Chattels- moveable property. Can become fixtures through physical attachment.
Fixtures- part of the land
Whatever is attached to the soil becomes part of it. Fixtures are part of land so must remain
with it; chattels are not part of land and may be removed. Usually dealt with by a provision in
the contract for sale in practice.
Annexation= how connected it is to the land.
If a contract is silent look to Berkely v Poulett (1976) 242 EG 39:
(i) The method and degree of annexation
, If there is a physical attachment, then there's a presumption that a chattel has
become a fixture.
The greater degree of annexation or attachment to the land the more likely it is going
to be regarded as a fixture.
Presumption can be rebutted.
(ii) The object and purpose of annexation- conclusive
Who owns the lands?
The crown- everyone else has the right to enjoy the land and this is known as an estate in
land.
Legal estates in land
s.1(1) of the LPA 1925:
The only estates in land which are capable of subsisting or of being conveyed or created at
law are -
(i) An estate in fee simple absolute in possession (freehold);
(ii) A term of years absolute (leasehold).
The freehold estate:
An owner of a freehold estate can do what they like with it, they are free to sell it, rent it,
theyre free to give it away. The estate where the estate is disposed of a person who acquires
it will basically be acquiring an estate that will last as long as his years, last forever. If you
hold a fee simple, absolute in possession you have the equivalent of outright ownership of
the land.
Fee- can be inherited.
Simple- by any class of heir.
Absolute- not determinable or conditional
In possession- now
What happens if a person dies and there are no living heirs?
Property will revert to the crown.
Leasehold estate:
The leasehold estate. Of limited duration. Under s205 (1) (xxvii) LPA 1925 a “term of years”
includes a “term for less than a year, or for a year or years and a fraction of a year or from
year to year” so leases may be fixed term or periodic.
There can be two or more legal estates in the same piece of land at the same time.
, Identify Is Right Formality? Conclusi Unregistered Registered rules for
3rd party capable of on rules for enforceability
right? being enforceability
legal/equitable/
statutory?
Restrictiv Equitable Signed in writing Post 1925- IARE (Interests affecting a
e s.1(3) LPA 1925 s.53(1)(a) LPA 1989 categorised as registered estate) will not
covenant Class D (ii) bind a purchaser unless
Land Charge protected by notice in the
charges register before the
date when the transfer of
the property to the buyer
has been registered.
s.32(1) LRA 2002- “An
entry in the register in
respect of the burden of an
interest affecting a
registered estate or
charge”.
Easement Legal s.52 LPA- executed Provided the Registrable Dispositions
s.1(2) LPA 1925 as a deed legal under s.27 LRA 2002 if
Needs to s.1 LP (MP) A 1989: easement has legal easement created
be for a 1. Make it clear on been created expressly. Must be
fixed the face of it that it is properly the protected by registration. If
period or Equitable a deed person will be so protected by the date of
for s.1(3) LPA 1925 2. Validly executed bound as legal registration of the buyer’s
forever. as a deed by the interests bind transfer, it will bind the
person making it the world. buyer.
Silent/No
time OR OR
period OR
can Signed in writing Overriding interest if legal
assume s.53(1)(a) LPA 1989 Class D(iii) easement by implication or
its prescription (Sched 3 para
forever. 3 LRA 2002)
Anything
uncertain
cant be a
legal
easement.
Estate Equitable Signed, in writing Categorised as IARE (Interests affecting a
contract s.1(3) LPA 1925 and contain all the Class C (iv) registered estate) will not
agreed terms Land Charge bind a purchaser unless
