FLK 2- LAND LAW EXAM WITH QUESTIONS AND 100% VERIFIED DETAILED
ANSWERS LATEST UPDATE (A+)
Creation of easements: s62 LPA
"a conveyance of land shall be deemed to include. all.easements, rights and advantages
whatsoever" - if nothing contrary is stated in the deed, the conveyance is deemed to
pass to the buyer not just the buildings and fixtures but easements. so formal words are
not required in the conveyance
*an implied easement by statute
this includes leaseholds to leaseholds and leaseholds to freeholds and freeholds to
freeholds
What is the statutory definition of land?
LPA 1925:
Includes
- tenure
- mines and minerals
- corporeal hereditaments - physical characteristics of the land, such as trees, rocks
- incorporeal hereditaments - intangible property rights such as profits and easements
- buildings and parts of buildings, divided horizontally or vertically (does not need to
touch the soil i.e flying freehold)
To what extent to rights to land extend vertically?
Only to the ordinary use and enjoyment of the land - planes etc
However this is distinct from overhanding and passing - there needs to be certainty
between neighbours.
,To what extent do rights to land extend downwards?
Down to where the pressure, temperature would render it absurd.
Fixtures v chattels
Fixtures are included in the definition of land هوریshould be conveyed).whereas chattels
retain their characteristic as personal property
How to distinguish between chattels and fixtures?
DEGREE OF ANNEXATION
PURPOSE OF ANNEXATION - this is the most important
Given an example of a chattel could turn into a fixture.
cf. some stone laid without any cement to create a dry stone wall Some stone blocks laid
on top of each other for convenience in a builder's yard
Degree of annexation test - Explain and provide examples
Does it rest in its own weight? i.e. sculpture
Is it attached to the land?
Can it be removed w/o causing substantial damage? if yes, more likely to be chattel
i.e structures designed to be moveable, can the structure be rejected elsewhere?
Initial test - gives rise to a presumption
,Describe the test for the purpose of annexation
This is the key test and takes priority over the degree of annexation
Was the object attached to the land to enhance the land or to create a permanent
improvement? - YES - fixture
OR
Was the object attached to the land for the better enjoyment of the object? - YES -
chattel
NB: may be exceptions where things like tapestries, vases are part of the architectural
design - though not fixtures, may be integral to the decoration of the room (cf ornaments
put there afterwards)
What are carpets and curtains?
Likely to be chattels (*)
What is a free standing cooker?
Likely to be a chattel
an estate in land
the right to enjoy, passes, control and dispose of land and receive any income produced
from the land
an interest in land
, rights against land owned by another person
Process for working out whether a buyer will be bound by pre-existing rights in land
1) what is the nature of the interest
2) is the right legal or equitable?
3) has the right been protected?
Define a freehold
estate in fee simple absolute possession
fee = estate is capable of being inherited
simple = pass to any class of heir i.e. permanent ownership of the land
absolute = not conditional on any event
in possession = immediate right to possession
IF NOT HEIRS - reverts to the crown
Define a leasehold
tenant granted exclusive possession of land for a fixed period of time
ANSWERS LATEST UPDATE (A+)
Creation of easements: s62 LPA
"a conveyance of land shall be deemed to include. all.easements, rights and advantages
whatsoever" - if nothing contrary is stated in the deed, the conveyance is deemed to
pass to the buyer not just the buildings and fixtures but easements. so formal words are
not required in the conveyance
*an implied easement by statute
this includes leaseholds to leaseholds and leaseholds to freeholds and freeholds to
freeholds
What is the statutory definition of land?
LPA 1925:
Includes
- tenure
- mines and minerals
- corporeal hereditaments - physical characteristics of the land, such as trees, rocks
- incorporeal hereditaments - intangible property rights such as profits and easements
- buildings and parts of buildings, divided horizontally or vertically (does not need to
touch the soil i.e flying freehold)
To what extent to rights to land extend vertically?
Only to the ordinary use and enjoyment of the land - planes etc
However this is distinct from overhanding and passing - there needs to be certainty
between neighbours.
,To what extent do rights to land extend downwards?
Down to where the pressure, temperature would render it absurd.
Fixtures v chattels
Fixtures are included in the definition of land هوریshould be conveyed).whereas chattels
retain their characteristic as personal property
How to distinguish between chattels and fixtures?
DEGREE OF ANNEXATION
PURPOSE OF ANNEXATION - this is the most important
Given an example of a chattel could turn into a fixture.
cf. some stone laid without any cement to create a dry stone wall Some stone blocks laid
on top of each other for convenience in a builder's yard
Degree of annexation test - Explain and provide examples
Does it rest in its own weight? i.e. sculpture
Is it attached to the land?
Can it be removed w/o causing substantial damage? if yes, more likely to be chattel
i.e structures designed to be moveable, can the structure be rejected elsewhere?
Initial test - gives rise to a presumption
,Describe the test for the purpose of annexation
This is the key test and takes priority over the degree of annexation
Was the object attached to the land to enhance the land or to create a permanent
improvement? - YES - fixture
OR
Was the object attached to the land for the better enjoyment of the object? - YES -
chattel
NB: may be exceptions where things like tapestries, vases are part of the architectural
design - though not fixtures, may be integral to the decoration of the room (cf ornaments
put there afterwards)
What are carpets and curtains?
Likely to be chattels (*)
What is a free standing cooker?
Likely to be a chattel
an estate in land
the right to enjoy, passes, control and dispose of land and receive any income produced
from the land
an interest in land
, rights against land owned by another person
Process for working out whether a buyer will be bound by pre-existing rights in land
1) what is the nature of the interest
2) is the right legal or equitable?
3) has the right been protected?
Define a freehold
estate in fee simple absolute possession
fee = estate is capable of being inherited
simple = pass to any class of heir i.e. permanent ownership of the land
absolute = not conditional on any event
in possession = immediate right to possession
IF NOT HEIRS - reverts to the crown
Define a leasehold
tenant granted exclusive possession of land for a fixed period of time
