SQE1 FLK2: Land Law for SQE2 about:srcdoc
SQE1 FLK2: Land Law for SQE2
To the extent/height necessary for ordinary use
and enjoyment
Does a landowner have a right to the air above?
Anything overhanging could be trespass =
injunction remedy
Is a freehold landowner entitled to all minerals Yes - except coal, oil, natural gas, gold, silver and
under his land? treasure which the Crown is entitled to
What does a landowner need to draw water
Licence
from a source running through their land?
Surface, buildings or parts of buildings on the
land
What is land?
Other corporeal hereditaments and other
incorporal hereditaments
Are fittings included within the definition of
No
land?
If they are found dead on it
When are animals part of the land?
Wild animals do not form part of the land
Physical things attached to the land = fixtures,
What is a corporal hereditament?
plants, animals and water
Opposite to corporeal and relate to anything
that doesn’t have a physical form
What is an incorporeal hereditament? • rights of way
• rights of light
• receiving rent from land
Attached to a property, treated as part of the
What is a fixture? land to which they’re attached, coming with the
land purchase.
If the structure could only be removed by some
When is something likely a fixture?
form of demoliition
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,SQE1 FLK2: Land Law for SQE2 about:srcdoc
Personal, moveable property, aren’t part of the
What is a chattel?
land nless agreed in contract
The greater something is attached to the land =
What does the degree of annexation test more likely it is a fixture
provide?
If removable involves demolition?
Whether something was brought onto the land
with an intent to make a permanent
What does the purpose of annexation test look improvement or only a temporary one.
at?
Permanence = fixture
If met, the degree of annexation is irrelevant
General principle that conveyance of land
Does a landowner have a right to the ground
ordinarily carries with it all that is beneath the
below?
surface
• Coal belongs to Coal Authority
• All gold and silver belongs to the Crown
What exceptions are there to the rule that a
• All treasure found belongs to the Crown
landowner owns everything beneath the surface
of its land? • No trespass at depths below 300m so
don’t need freeholder’s permission to
dig
What is the current legal position in respect of Landowner owns the ground under the surface
the ground below an owner's piece of land? up to depths of 300 metres
• Fitted kitchen
• Items installed by a builder
• Bathroom fittings
Examples of fixtures • Kitchen appliances if integrated, removal
requires demolition
• Items incorporated into the architectural
building design
• Ornamental items (pictures)
• Carpets and curtains
Examples of chattels • Light fittings attached by screws
• Kitchen appliances (white goods) if not
integrated
Buyer and seller agree which items are to pass
How can you avoid a dispute over a fixture or
using Form TA10 (Law Society Fixtures and
chattel?
Contents Form), forming part of the contract
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,SQE1 FLK2: Land Law for SQE2 about:srcdoc
Form part of the security and will be included in
What is the purpose of fixtures in mortgages?
any sale by the lender following repossession
How is ownership transferred for (1) a fixture 1. Transfer of land by deed
and (2) a chattel? 2. Physical delivery
Proprietary: enforced by an action in rem
(recoverable right), capable of being enforced
What is the difference between proprietary and against a third party
personal rights?
Personal: only enforceable by personal action,
binding only on original parties
Legal ownership: legal right to sell or transfer
land
What is the difference between legal and
equitable ownership? Equitable: any beneficial rights an individual or
third party has in the property, including the
right to take money from it
1. Freehold estate
What are the 2 legal estates in land?
2. Leasehold estate
• Must be clear it is intended to be a deed
• Signed by both parties
What are the requirements in s1, LP(MP)A 1989 • In the presence of 2 witnesses who
for a valid deed? attest those signatures
• And delivered - signing by 2nd party is
adequate
1. Easements
2. Legal mortgages
What are the legal interests in land for SQE? 3. Rentcharge
4. Rights of entry
5. Profit a prendre
Who is bound by legal interests? All third parties
Interest in land enabling someone to take
something from the land of another (not a right
of way, use of land or taking water from a
natural feature)
What is a profit a prendre?
• Killing wildlife
• Taking soil, minerals or peat
• Taking something growing on the land
3 of 64 01/09/2025, 10:04
,SQE1 FLK2: Land Law for SQE2 about:srcdoc
1. In Gross (not attached to land, sold
separately and registered with HMLR
What are the types of profit a prendre? with own title)
2. Appurtenant (attached, sold with land,
not registrable with HMLR)
Paid by landowner of freehold to a third party,
normally with no interest in the property.
What is rentcharge? Registrable with own title number
Different to and cannot arise under a lease or
tenancy
What does the rentcharge owner's right of entry Enter and take possession of the premises in the
allow them to do? event of a default
Legal interest in land where LL has the right to
re-enter and end the lease due to T’s default OR
What is a right of entry?
rentcharge owner’s right to enter if money owed
is not paid
1. restrictive covenants
2. beneficial interest under a trust
What are the equitable interests you need to
3. estate contracts
know for SQE?
4. those arising due to failure to execute a
legal interest
1. constructive trusts
What are the beneficial interests under a trust
2. resulting trusts
we need to know for SQE?
3. proprietary estoppel
Generally, the preferred option is constructive
If asked to choose whether a client should claim trusts as the courts would usually look to
for proprietary estoppel or constructive trust, provide relief based on what the parties
what is likely the better option? intended whereas proprietary estoppel is
considered as a minimum to show justice.
When parties exchange contracts → transaction
When will an estate contract arise? becomes legally binding between parties
Equity will order specific performance
Is a contract required to transfer freehold No, but is usual as part of the conveyancing
estate? process
What is an option agreement? • Type of estate contract
• No formal transfer - paid money for
4 of 64
01/09/2025, 10:04
SQE1 FLK2: Land Law for SQE2
To the extent/height necessary for ordinary use
and enjoyment
Does a landowner have a right to the air above?
Anything overhanging could be trespass =
injunction remedy
Is a freehold landowner entitled to all minerals Yes - except coal, oil, natural gas, gold, silver and
under his land? treasure which the Crown is entitled to
What does a landowner need to draw water
Licence
from a source running through their land?
Surface, buildings or parts of buildings on the
land
What is land?
Other corporeal hereditaments and other
incorporal hereditaments
Are fittings included within the definition of
No
land?
If they are found dead on it
When are animals part of the land?
Wild animals do not form part of the land
Physical things attached to the land = fixtures,
What is a corporal hereditament?
plants, animals and water
Opposite to corporeal and relate to anything
that doesn’t have a physical form
What is an incorporeal hereditament? • rights of way
• rights of light
• receiving rent from land
Attached to a property, treated as part of the
What is a fixture? land to which they’re attached, coming with the
land purchase.
If the structure could only be removed by some
When is something likely a fixture?
form of demoliition
1 of 64 01/09/2025, 10:04
,SQE1 FLK2: Land Law for SQE2 about:srcdoc
Personal, moveable property, aren’t part of the
What is a chattel?
land nless agreed in contract
The greater something is attached to the land =
What does the degree of annexation test more likely it is a fixture
provide?
If removable involves demolition?
Whether something was brought onto the land
with an intent to make a permanent
What does the purpose of annexation test look improvement or only a temporary one.
at?
Permanence = fixture
If met, the degree of annexation is irrelevant
General principle that conveyance of land
Does a landowner have a right to the ground
ordinarily carries with it all that is beneath the
below?
surface
• Coal belongs to Coal Authority
• All gold and silver belongs to the Crown
What exceptions are there to the rule that a
• All treasure found belongs to the Crown
landowner owns everything beneath the surface
of its land? • No trespass at depths below 300m so
don’t need freeholder’s permission to
dig
What is the current legal position in respect of Landowner owns the ground under the surface
the ground below an owner's piece of land? up to depths of 300 metres
• Fitted kitchen
• Items installed by a builder
• Bathroom fittings
Examples of fixtures • Kitchen appliances if integrated, removal
requires demolition
• Items incorporated into the architectural
building design
• Ornamental items (pictures)
• Carpets and curtains
Examples of chattels • Light fittings attached by screws
• Kitchen appliances (white goods) if not
integrated
Buyer and seller agree which items are to pass
How can you avoid a dispute over a fixture or
using Form TA10 (Law Society Fixtures and
chattel?
Contents Form), forming part of the contract
2 of 64 01/09/2025, 10:04
,SQE1 FLK2: Land Law for SQE2 about:srcdoc
Form part of the security and will be included in
What is the purpose of fixtures in mortgages?
any sale by the lender following repossession
How is ownership transferred for (1) a fixture 1. Transfer of land by deed
and (2) a chattel? 2. Physical delivery
Proprietary: enforced by an action in rem
(recoverable right), capable of being enforced
What is the difference between proprietary and against a third party
personal rights?
Personal: only enforceable by personal action,
binding only on original parties
Legal ownership: legal right to sell or transfer
land
What is the difference between legal and
equitable ownership? Equitable: any beneficial rights an individual or
third party has in the property, including the
right to take money from it
1. Freehold estate
What are the 2 legal estates in land?
2. Leasehold estate
• Must be clear it is intended to be a deed
• Signed by both parties
What are the requirements in s1, LP(MP)A 1989 • In the presence of 2 witnesses who
for a valid deed? attest those signatures
• And delivered - signing by 2nd party is
adequate
1. Easements
2. Legal mortgages
What are the legal interests in land for SQE? 3. Rentcharge
4. Rights of entry
5. Profit a prendre
Who is bound by legal interests? All third parties
Interest in land enabling someone to take
something from the land of another (not a right
of way, use of land or taking water from a
natural feature)
What is a profit a prendre?
• Killing wildlife
• Taking soil, minerals or peat
• Taking something growing on the land
3 of 64 01/09/2025, 10:04
,SQE1 FLK2: Land Law for SQE2 about:srcdoc
1. In Gross (not attached to land, sold
separately and registered with HMLR
What are the types of profit a prendre? with own title)
2. Appurtenant (attached, sold with land,
not registrable with HMLR)
Paid by landowner of freehold to a third party,
normally with no interest in the property.
What is rentcharge? Registrable with own title number
Different to and cannot arise under a lease or
tenancy
What does the rentcharge owner's right of entry Enter and take possession of the premises in the
allow them to do? event of a default
Legal interest in land where LL has the right to
re-enter and end the lease due to T’s default OR
What is a right of entry?
rentcharge owner’s right to enter if money owed
is not paid
1. restrictive covenants
2. beneficial interest under a trust
What are the equitable interests you need to
3. estate contracts
know for SQE?
4. those arising due to failure to execute a
legal interest
1. constructive trusts
What are the beneficial interests under a trust
2. resulting trusts
we need to know for SQE?
3. proprietary estoppel
Generally, the preferred option is constructive
If asked to choose whether a client should claim trusts as the courts would usually look to
for proprietary estoppel or constructive trust, provide relief based on what the parties
what is likely the better option? intended whereas proprietary estoppel is
considered as a minimum to show justice.
When parties exchange contracts → transaction
When will an estate contract arise? becomes legally binding between parties
Equity will order specific performance
Is a contract required to transfer freehold No, but is usual as part of the conveyancing
estate? process
What is an option agreement? • Type of estate contract
• No formal transfer - paid money for
4 of 64
01/09/2025, 10:04
