Land Law

Front 1

Explain whether the landowner is entitled to everything under his land.

Back 1

Landowner is not entitled to gold and silver (in mines), treasure under the Treasure Act 1996, oil under the Petroleum Act 1934, or coal which belongs to coal authority.

Hint 1

3 marks

Front 2

What remedies can be awarded for trespass to land?

Back 2

Injunction (court order to stop the trespass) or damages (monetary compensation)

Hint 2

2 marks

Front 3

In what year did England and Wales first become an area of compulsory registration for A - sale of land and B - first legal mortgage?

Back 3

A - 1990. B - 1998

Hint 3

8 years difference

Front 4

English law divides all property into realty and personalty. Define the two.

Back 4

Realty (real property) is the freehold interest in land. Personalty (personal property) is the leasehold interest in land. The Law of Property Act (LPA 1925) treats both interests as similar; if the holder is deprived of the land he can recover it. Mere monetary compensation is insufficient.

Front 5

Apart from leasehold land there are two other types of personal property.

Back 5

Choses in possession (all tangible property except land) and choses in action (intangible property/intellectual property)

Front 6

s2 Law of Property (Miscellaneous Provisions) Act 1989

Back 6

Contract for transfer of land must be in writing, contain all the terms, and be signed by both parties. If not met, agreement is void.

Hint 6

Contract for transfer of land

Front 7

s52 LPA 1925

Back 7

Transfer of estate or interest in land usually has to be by deed

Hint 7

Transfer of estate

Front 8

What are corporeal and incorporeal hereditaments?

Back 8

Hereditaments are rights capable of passing to heirs through inheritance. Corporeal hereditaments are the physical land and it's attachments. Incorporeal hereditaments are the rights, easements and profits that come with the land.

Hint 8

s205 LPA 1925

Front 9

Kelsen v Imperial Tobacco Co (1957)

Back 9

Land includes all airspace above the land in theory. Sign protruding over neighbour's airspace was considered trespass. However, upward limitation set by Civil Aviation Act 1982.

Hint 9

Trespass

Front 10

Infrastructure Act 2015

Back 10

Allows fracking by oil and gas companies to take place below 300 metres under neighbouring land without permission.

Hint 10

Below ground

Front 11

Explain the three tests used to distinguish between fixtures and fittings

Back 11

The degree of annexation (if fixed to land other than its own weight, presumed to be fixture) AND the purpose of annexation (if attachment is only to display object for own benefit and not the land as a whole, likely to be fitting) AND the permanence of annexation (how long attachment will last).

Hint 11

Degree, Purpose, Permanence

Front 12

Explain what is meant by the insurance principle in relation to land register for registered land.

Back 12

The insurance principle means the State (by way of Land Registry) guarantees the ACCURACY of the land register and will compensate in the event of an error.

Hint 12

Accuracy - Compensation

Front 13

What is meant by 'terms of years absolute'?

Back 13

Terms of years absolute is a LEGAL ESTATE under s.1 LPA 1925. Otherwise known as LEASEHOLD. It may be FIXED TERM or PERIODIC. It is absolute whether starting immediately when granted or up to 21 years in the future.

Hint 13

Leasehold

Front 14

How does the class of 'good leasehold title' differ from 'absolute leasehold title'?

Back 14

Good leasehold title is granted when the landlord's title is NOT produced to the land registry (or the registrar is not satisfied the landlord can grant the lease). Absolute leasehold title is granted when the landlord's title IS registered or proved at the land registry.

Hint 14

Land Registry proof

Front 15

Fee Simple Absolute in Possession

Back 15

Fee - inheritable interest in land. Simple - inherited by general heirs (anyone). Absolute - no restriction on the fee simple (cannot be conditional). Possession - immediate right to occupation from date of grant (including right to receive rent)

Hint 15

Primary estate in land - freehold

Front 16

Term of years absolute

Back 16

Lease is am estate in land which lasts for a fixed maximum duration. Includes fixed and periodic tenancies.

Hint 16

Leasehold

Front 17

Which are the 5 legal interests existing under s1(2) LPA 1925?

Back 17

Legal easements and profits. Legal rent charges. Charges by way of legal mortgage. Charges arising under statute. Rights of re-entry.

Front 18

Leigh v Taylor (1902)

Back 18

Tapestry nailed to wall was a fitting and illustrates purpose of annexation test

Hint 18

Fixtures and Fittings

Front 19

Joint Tenancy - 4 unities must exist

Back 19

Time (interest must arise at same time). Title (each tenant must gain title from same document). Interest (of each tenant must be same). Possession (each tenant entitled to possession of whole land).

Hint 19

T T I P

Front 20

Doctrine of Survivorship

Back 20

Joint tenant not able to dispose of his interest by will, nor can it pass on intestacy to his heirs). Instead, last surviving tenant becomes sole beneficial owner and can dispose of Property as they wish.

Front 21

Tenancy in common

Back 21

Tenant entitled to notional share in property. This is where tenants contribute unequal shares, where commercial ownership is in partnership property, and where there are joint mortgages. Tenants in common recognised in equity only. Severance can be notice in writing, sale of own share, mutual agreement.

Front 22

What is meant by real property?

Back 22

Real property is freehold land. Fee simple absolute in possession. Can be know as realty and the owner entitled to bring 'action in rem'

Front 23

Explain one of the legal estates under S1(1) LPA 1925.

Back 23

Fee simple absolute in possession. Fee simple (can be inherited by anyone), absolute (not liable to be cut short), in possession (starts immediately)

Front 24

Explain one of the four main legal interests under S1(2) LPA 1925.

Back 24

1. Legal easements (fee simple or term of years absolute). 2. Profits (fee simple or term of years absolute). 3. Legal rentcharge (right to periodic payment of money from land). 4. Charge by way of legal mortgage (loan created by deed and charged against land). 5. Right of re-entry (right to repossess land for non-payment).

Front 25

Explain the 3 stages of sale of land.

Back 25

1. Sale (subject to contract). Two identical contracts drawn up. Not yet legally binding. 2. Exchange of contracts. Legally binding once signed contracts exchanged. Buyer does not yet have full property rights but holds an interest. 3. Completion. Property transferred to buyer by deed.

Front 26

Explain 3 elements of a valid contract.

Back 26

1.Agreement (offer and acceptance). 2. Intention (to be legally bound).

3. Consideration (each party gives something of value).

Front 27

Under Land Registration Act 2002, name 2 types of leases that must be registered with their own title number.

Back 27

1. A lease for over 7 years. 2. A lease with more than 7 years left to run. 3. A lease granted under RTB under Housing Act 1985. 4. A lease not starting within 3 months from date of grant.

Front 28

Under Land Registration Act 2002, explain how good leasehold title differs from absolute leasehold title.

Back 28

In absolute the landlord's title is either registered or deduced (proven) to land registrar who is satisfied with landlord's ability to grant lease. In good the landlord's title is not deduced so there is doubt over ability to grant lease.

Front 29

Explain how a resulting trust arises.

Back 29

A resulting trust arises when there is a contribution to the purchase price, at the time of purchase, to a property held in the name of the legal owner. The owner holds property on trust for the contributor as a beneficiary. Bull v Bull (1955) Mother and son bought property together but conveyance was to son alone. Equity presumes intention of resulting trust unless evidence to contrary eg contribution was a gift.

Front 30

Explain when overreaching is carried out.

Back 30

When there is a sale of trust land where legal title is held by trustees on behalf of beneficiaries.

Front 31

How is overreaching carried out and with what result?

Back 31

By the payment of the purchase money to at least two trustees. The result is that the buyers take free of trust the beneficial interests.

Front 32

Give 2 ways an easement can be ended.

Back 32

1. By express agreement. 2. By statute. 3. Implied agreement (e.g.intentional abandonment). 4. Release by the dominant owner. 5. Unity of ownership of the two pieces of land.

Front 33

In what circumstances is an express easement by reservation created?

Back 33

Created on the sale or transfer of part of land. Seller would by deed reserve an easement over the part sold in favour of the part retained.

Front 34

What is profit a' prendre?

Back 34

Legal right to enter another's land and take something from it e.g. timber, fishing, grazing.

Front 35

Explain 1 of the grounds on which a freehold covenant can be varied or terminated under s84 LPA 1925 and which body can do this?

Back 35

Lands Chamber of the Upper Tribunal can do this. 1. Covenant is obsolete due to changes in property. 2. Covenant prevents reasonable use of land. 3. Person entitled to benefit from covenant has consented to the discharge. 4. Discharge or modification will not injure person entitled to covenant.

Front 36

Explain main features of capital repayment mortgage.

Back 36

Regular instalment payments of both capital and interest over a fixed period. At the end the whole loan is paid off.

Front 37

What 2 tests determine a fixture?

Back 37

1. Degree of annexation. If attached to land other than own weight, likely to be a fixture. Holland v Hodgson (1872). Spinning looms bolted to floor.

2. Purpose of attachment. If object is for own benefit rather than land as a whole, likely to be a fitting. Leigh v Taylor (1902). Tapestry a fitting despite being nailed to wall.

Front 38

What are the characteristics of fee simple absolute in possession (freehold)?

Back 38

Estate passes to heirs on death. No limitation on who can inherit. Estate cannot be brought to an end prematurely. Holder of estate has immediate right to land. Must be by deed. Exists in perpetuity (goes on forever).

Front 39

What are the characteristics of term of years absolute (leasehold)?

Back 39

Maxed fixed duration. Either fixed-term (ends on expiry) or periodic (ends on NTQ). No requirement to start immediately, must be within 21 years. Must be by deed (except leases of 3 years or less which can be granted orally or in writing).

Front 40

What is an equitable interest?

Back 40

Does not qualify as legal estate or legal interest. Must be in writing. Following exchange of contracts, an estate contract arises which is an equitable interest. Benefit of a restrictive covenant is an equitable interest. Based on fairness and not always binding.

Front 41

Define commonhold.

Back 41

Introduced by Commonhold and Leasehold Reform Act 2002. Owners of properties are interdependent on each other e.g. retirement homes, business parks. Not new estate in land but one created out of an absolute freehold registered estate. Divided into unit-holders each registered as freehold owner of that particular unit.

Front 42

What are the stipulations of severing a joint tenancy?

Back 42

Notice must be in writing. Must be intention to sever immediately. It must be served on all joint tenants. Is effective even if the others don't read it as per Kinch v Bullard (1998)

Front 43

Define 4 ways to terminate co-ownership.

Back 43

1. Sale. If trustees of land sell legal estate, co-ownership ends.

2. Partition. Co-owners agree to divide land between them.

3. Union in a sole owner. Legal and equitable interest vested in one person.

4. Only one trustee remains. If last remaining trustee co-owner with spouse and they were the only beneficiaries, co-ownership ends.

Front 44

Explain whether common law presumption that ownership extends to the heavens still applies today.

Back 44

Bernstein v Skyviews (1978) and Civil Aviation Act 1982. Airspace only extends up to height for reasonable enjoyment.

Front 45

What is the mirror principle in relation to the land register?

Back 45

Register reflects, at any one time, the totality of estates and interests in the piece of land.

Front 46

What is an easement?

Back 46

Easement is a right over another's land, e.g right of way, right of light, right of drainage.

Front 47

What remedies can be awarded for trespass of land?

Back 47

Injunction or damages.

Front 48

What is meant by the insurance principle in relation to registered land?

Back 48

Part of the state guaranteed system of the register. Compensation can be paid to a party injured by a Registry mistake, and register can be amended where necessary.

Front 49

Explain how a resulting trust could arise.

Back 49

Arises where legal title is held in name of one person but with contribution from another. Must be common intention or agreement that non-legal owner is to have a share together with contribution from that person which is recognised by the court. May be financial or the person acting to their detriment.

Front 50

Give an example of how an implied easement can be created.

Back 50

1. By necessity (where the dominant land would otherwise be landlocked.

2. Common intention. Where both parties have intended the easement.

Front 51

What are the main features of an endowment mortgage?

Back 51

Loan of capital sum. Only interest is paid to the lender during the loan period, and an insurance policy or investment is taken out for which premiums are paid to the policy provider. This matures at the end of the mortgage with the intention that it will repay the whole of the outstanding capital.

Front 52

Define trespass.

Back 52

Trespass is an intrusion on land without the owner's permission.

Front 53

What are 4 characteristics of an easement as defined in Ellenborough Park (1956)?

Back 53

1. Must be dominant and servient tenement.

2. Right claimed must benefit dominant tenement.

3. Must be diversity of ownership.

4. Right claimed must be capable of forming subject matter of a grant.

Front 54

What are the 3 ways of granting an easement?

Back 54

1. Express Grant. Created by deed and equivalent to legal estate.

2. Implied Grant.

3. Presumed Grant. Person has to prove he has used easement for 20 years.

Front 55

What is a constructive trust?

Back 55

It is a type of implied trust where there is either an express common intention to share ownership of the property, or an inferred common intention where the court will find based on parties conduct. Must be shown that the party claiming interest acted in reliance on the promise to his detriment.

Front 56

What rights to spouses have in relation to property?

Back 56

Protected under s37 Matrimonial Proceedings and Property Act 1970. Grants a share in property where they have substantially financially contributed to its improvement, unless there is agreement to the contrary. If marriage breaks down, court has power to distribute property on the basis of each spouse's contributions.