Land Law Complete Notes - Bullet points
! Proprietary rights must be granted as proper
Proprietary Rights! proprietary rights to be enforceable, if not
! they may just be personal rights:!
An owner has these rights! !
Enforceable against 3rd parties – in rem – Must be on ‘the list‘!
owner can take action as has property in the S1 Law of Property Act 1925!
thing itself.! Comply STRICTLY with definition in statute or
Non-owners of land can have proprietary case law.!
rights in it.! Formalities & Procedures are set down and
No need to settle for damages.! must be followed!
Piece of land may be subject to a hierarchy of Registration of proprietary rights is
possessions, whether leasehold or freehold. compulsory if they are to bind a purchaser.!
Holder does not own the land but possession Must be properly protected to be enforceable
in the land subject to lesser rights he has against 3rd parties!
granted. ! Personal Rights !
! !
! NOT rights in the property itself!
Enforceable ONLY in personam, against a
Types of proprietary rights:!
! person that granted the rights – the grantor!
NEVER enforceable against a 3rd party!
1, Crown Ownership – Highest Proprietary
Land!
rights!
! !
Need to ascertain if counts as land as non-
2, Estates – right to possess land. – 2 types!
! owners can only have a proprietary right if the
subject matter is land!
Freehold!
LAND MUST BE TRANSFERRED BY DEED !
Fee simple absolute in possession!
S62 Law of Property Act 1925 !
Greatest right that can be had in land, by a
applies when buying a house as when land is
lay person!
transferred anything that counts as land is
Usually, perpetual – unless holder dies
also transferred, so anything must be
without any relatives in which case reverts to
excluded expressly if the seller wants to
crown.!
exclude anything.!
Can sell freehold or give it away.!
A mortgage lender can only take possession
May grant lesser freehold estate (like a life
of anything that counts as land.!
estate, usually granted for tax purposes and
which ends when holder dies) – holder is said
!
to have a fee simple in remainder or !
reversion, will have it back once lesser Definition of Land!
freehold is gone.! s205 (1) (ix) Law of Property Act 1925 !
Leasehold! States that land includes several items, not
Rights of more limited use (M.E.E.B.)! an exclusive definition though (physical land,
Mortgages (rights granted to a lender as buildings, intangible rights)!
security for a loan)! !
Easements (rights of way/drainage)! Air above!
Estate Contracts (contracts which may confer Upper air space –Bernstein v Skyviews !
an option for purchase, or contract to sell The property owner does not have
estate in the future)! unqualified rights over the airspace above
Beneficial interests behind a trust (where 1 or their land.!
more people hold legal title to land but others Lower air space – Kelsen v Imperial Tobacco!
are beneficiaries maybe because they The property owner does have rights over the
contributed to price or an express interest lower airspace in this case a sign
even though they did NOT contribute)! overhanging on the claimant’s property was
Page 1 of 45
, Land Law Complete Notes - Bullet points
trespass regardless of it NOT creating a Mew & Anor v Tristmire – House boats were
nuisance or harm.! chattels, they were easily moveable and not
Ground below! permanently fixed.!
Grisby v Melville! Elistone v Morris – Bungalow that was resting
Freehold extends down to the ground below.! on pillars was a fixture.!
Star Energy v Bocardo! !
Bocardo successfully sued for trespass as !
Star Energy drilled diagonally to extract oil.!
Natural Produce! Estates in land - rights which a person has
Forms part of land BUT does not include to control and use the land - owner of the
tendered crop! land.!
Things found! !
If treasure – NO – as per Treasure Act 1996! S1 Law Property Act 1925 -'The List'!
Objects found on land usually belong to the S1(1) Can only have 2 legal estates in land !
founder! s1(1)(a) Freehold - fee simple absolute in
if attached to the land they belong to the possession!
estate owner.! Fee - can be inherited !
Fixtures – 2 Tests! Simple - by anyone !
Degree of annexation test ! Absolute - it will not end on a certain event !
Only gives a presumption – the more firmly In Possession - does not just mean in
the item is attached, the more likely it is to be physical occupation, it means the estate is
a fixture & part of the land! current, so the owner of the estate can have
If it rests on its own weight then likely to be a use of it now. !
chattel! S1(1)(b) Leasehold - term of years absolute !
NOT part of the land, unless part of an overall S1(2) Legal Interests - interests which count
design scheme! as proprietary rights!
Melluish v BMI (No.3) Ltd -central heating, S1(3) Equitable Interests !
lifts, CCTV and swimming pool filters were S1(6) Person under 18 can not own a legal
held to be fixtures.! estate !
Dibble v Moore – A greenhouse without a S205(1)(19) Law Property Act 1925 -
foundation was a chattel! definition section !
Purpose of annexation test!
whether the item is annexed to land for the
!
possession includes an entitlement to receive
better enjoyment of the item itself – i.e. rent, so possession remains even though
chattel, OR for the enhancement and occupation is not enjoyed.!
enjoyment of the land, in which case it will be
part of the land -i.e. fixture!
!
Berkley v Poulett – Paintings, statues and Acquiring a Freehold - 3 Steps!
sundials were for the better enjoyment of the Contract !
land and therefore were chattels! Deed/Completion!
D’Eyncourt v Gregory – tapestries were Registration of title !
fixtures as they were integral for the 1.Contract !
decoration of the room. Statues of lions, !
garden seats and vases were also fixtures Any informal agreement is of NO legal effect!
because they were part of the architectural S2 Law of Property (Miscellaneous Property)
design.! Act 1989 now stated as LP(MP)A!
Botham v TSB Bank plc – bath, lavatory, applies to all contracts made on or after
bathroom fittings, sink and units were fixtures 27/09/1989!
(could not be sold). Curtains, carpet, light 27th September 1989!
fittings, kitchen appliances were chattels If NOT followed contract is VOID!
(could be sold.).! United Bank of Kuwait plc v Sahib!
1, Must be in writing!
2, Must contain all terms agreed!
Page 2 of 45
! Proprietary rights must be granted as proper
Proprietary Rights! proprietary rights to be enforceable, if not
! they may just be personal rights:!
An owner has these rights! !
Enforceable against 3rd parties – in rem – Must be on ‘the list‘!
owner can take action as has property in the S1 Law of Property Act 1925!
thing itself.! Comply STRICTLY with definition in statute or
Non-owners of land can have proprietary case law.!
rights in it.! Formalities & Procedures are set down and
No need to settle for damages.! must be followed!
Piece of land may be subject to a hierarchy of Registration of proprietary rights is
possessions, whether leasehold or freehold. compulsory if they are to bind a purchaser.!
Holder does not own the land but possession Must be properly protected to be enforceable
in the land subject to lesser rights he has against 3rd parties!
granted. ! Personal Rights !
! !
! NOT rights in the property itself!
Enforceable ONLY in personam, against a
Types of proprietary rights:!
! person that granted the rights – the grantor!
NEVER enforceable against a 3rd party!
1, Crown Ownership – Highest Proprietary
Land!
rights!
! !
Need to ascertain if counts as land as non-
2, Estates – right to possess land. – 2 types!
! owners can only have a proprietary right if the
subject matter is land!
Freehold!
LAND MUST BE TRANSFERRED BY DEED !
Fee simple absolute in possession!
S62 Law of Property Act 1925 !
Greatest right that can be had in land, by a
applies when buying a house as when land is
lay person!
transferred anything that counts as land is
Usually, perpetual – unless holder dies
also transferred, so anything must be
without any relatives in which case reverts to
excluded expressly if the seller wants to
crown.!
exclude anything.!
Can sell freehold or give it away.!
A mortgage lender can only take possession
May grant lesser freehold estate (like a life
of anything that counts as land.!
estate, usually granted for tax purposes and
which ends when holder dies) – holder is said
!
to have a fee simple in remainder or !
reversion, will have it back once lesser Definition of Land!
freehold is gone.! s205 (1) (ix) Law of Property Act 1925 !
Leasehold! States that land includes several items, not
Rights of more limited use (M.E.E.B.)! an exclusive definition though (physical land,
Mortgages (rights granted to a lender as buildings, intangible rights)!
security for a loan)! !
Easements (rights of way/drainage)! Air above!
Estate Contracts (contracts which may confer Upper air space –Bernstein v Skyviews !
an option for purchase, or contract to sell The property owner does not have
estate in the future)! unqualified rights over the airspace above
Beneficial interests behind a trust (where 1 or their land.!
more people hold legal title to land but others Lower air space – Kelsen v Imperial Tobacco!
are beneficiaries maybe because they The property owner does have rights over the
contributed to price or an express interest lower airspace in this case a sign
even though they did NOT contribute)! overhanging on the claimant’s property was
Page 1 of 45
, Land Law Complete Notes - Bullet points
trespass regardless of it NOT creating a Mew & Anor v Tristmire – House boats were
nuisance or harm.! chattels, they were easily moveable and not
Ground below! permanently fixed.!
Grisby v Melville! Elistone v Morris – Bungalow that was resting
Freehold extends down to the ground below.! on pillars was a fixture.!
Star Energy v Bocardo! !
Bocardo successfully sued for trespass as !
Star Energy drilled diagonally to extract oil.!
Natural Produce! Estates in land - rights which a person has
Forms part of land BUT does not include to control and use the land - owner of the
tendered crop! land.!
Things found! !
If treasure – NO – as per Treasure Act 1996! S1 Law Property Act 1925 -'The List'!
Objects found on land usually belong to the S1(1) Can only have 2 legal estates in land !
founder! s1(1)(a) Freehold - fee simple absolute in
if attached to the land they belong to the possession!
estate owner.! Fee - can be inherited !
Fixtures – 2 Tests! Simple - by anyone !
Degree of annexation test ! Absolute - it will not end on a certain event !
Only gives a presumption – the more firmly In Possession - does not just mean in
the item is attached, the more likely it is to be physical occupation, it means the estate is
a fixture & part of the land! current, so the owner of the estate can have
If it rests on its own weight then likely to be a use of it now. !
chattel! S1(1)(b) Leasehold - term of years absolute !
NOT part of the land, unless part of an overall S1(2) Legal Interests - interests which count
design scheme! as proprietary rights!
Melluish v BMI (No.3) Ltd -central heating, S1(3) Equitable Interests !
lifts, CCTV and swimming pool filters were S1(6) Person under 18 can not own a legal
held to be fixtures.! estate !
Dibble v Moore – A greenhouse without a S205(1)(19) Law Property Act 1925 -
foundation was a chattel! definition section !
Purpose of annexation test!
whether the item is annexed to land for the
!
possession includes an entitlement to receive
better enjoyment of the item itself – i.e. rent, so possession remains even though
chattel, OR for the enhancement and occupation is not enjoyed.!
enjoyment of the land, in which case it will be
part of the land -i.e. fixture!
!
Berkley v Poulett – Paintings, statues and Acquiring a Freehold - 3 Steps!
sundials were for the better enjoyment of the Contract !
land and therefore were chattels! Deed/Completion!
D’Eyncourt v Gregory – tapestries were Registration of title !
fixtures as they were integral for the 1.Contract !
decoration of the room. Statues of lions, !
garden seats and vases were also fixtures Any informal agreement is of NO legal effect!
because they were part of the architectural S2 Law of Property (Miscellaneous Property)
design.! Act 1989 now stated as LP(MP)A!
Botham v TSB Bank plc – bath, lavatory, applies to all contracts made on or after
bathroom fittings, sink and units were fixtures 27/09/1989!
(could not be sold). Curtains, carpet, light 27th September 1989!
fittings, kitchen appliances were chattels If NOT followed contract is VOID!
(could be sold.).! United Bank of Kuwait plc v Sahib!
1, Must be in writing!
2, Must contain all terms agreed!
Page 2 of 45
