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Land LAW Revision Notes

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April 24, 2019
Number of pages
11
Written in
2018/2019
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Land Law

L1- Concepts of Land
Land includes land of any tenure and mines and mineral whether or not
held- S205 LPA 1925


 Fixtures are part of the land and cannot be moved, they are
permanent to the land
 Chattels are objects which are not part of the land and can be
removed, only way the can become fixtures is through physical
attachment. (Holland v Hodgson)
(Berkley v Poulett)
Test to Determine Whether an Object is a chattel or Fixture


(i) The method and degree of annexation;
 If Free Standing – presume=Chattel
 If attached – presume= Fixture
(ii) The object and purpose of annexation
 If intended to be permanent part of the design – chattel rebutted =
it’s a Fixture
 If annexed to enjoy the item in its own right- fixture rebutted= it’s a
Chattel


All land owned by the crown, estate is referred to owning land to the right
to enjoy the land for a period of time.
Legal Estate
Section 1(1) LPA 1925- 1) an estate in fee simple absolute in possession
(freehold)
2) A term of years Absolute (Leasehold)
Freehold Estate
 Fee – Can be inherited
 Simple – By any class of heir (can last forever if
you have heir to inherit it)
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