1. Freehold Estate

Question 0

Bernstein v Skyviews

Answer 0

Owner’s rights in airspace above land are restricted to such height as is necessary for ordinary use and enjoyment of land

Question 1

Grigsby v Melville

Answer 1

Conveyance of land ordinarily carries with it all that is below the surface

Question 2

Kelsen v Imperial Tobacco

Answer 2

If structure overhangs your property, it is trespass irrespective of whether damage is caused

Question 3

Waverley Borough Council v Fletcher

Answer 3

Objects found within or attached to land belonging to owner

Question 4

Parker v British Airways Board

Answer 4

Objects found unattached to land belong to finder, unless occupier of land showed his intention to exercise control

Question 5

Hamp v Bygrave

Answer 5

Purpose prevails over degree

Question 6

D’eyncourt v Gregory

Answer 6

Ornamental garden statues are fixtures

Question 7

Leigh v Taylor

Answer 7

Tapestry is chattel

Question 8

McCausland v Duncan Lawrie

Answer 8

All variations of material terms of contract must also comply with LPMPA, s 2

Question 9

Wright v Robert Leonard

Answer 9

Oral agreement for inclusion of fittings and fixtures left out of main contract by mistake

Held to be additional agreement- fact it is missing from main contract doesn’t invalidate it

Remedy of rectification

Question 10

Firstpost Homes v Johnson

Answer 10

Signing plan but not main contract falls foul of requirements of LP(MP)A 1989, s 2

Question 11

LP(MP)A 1989, s 2

Answer 11

1. Contract must be in writing
2. It must contain all the expressly agreed terms
3. It must be signed by both parties

Applies to contracts made on or after 27 Sep 1989

Question 12

LP(MP)A 1989, s 2(5)

Answer 12

Contracts exempt from s 2

1. Contract to grant lease for term not exceeding 3 years
2. Contracts made at public auctions
3. Certain contracts ruled by Financial Services and Markets Act 2000
4. Creation resulting, implied or constructive trusts

Question 13

LPA 1925, s 52

Answer 13

Legal estate must be conveyed or created by deed

Question 14

LP(MP)A 1989, s 1

Answer 14

Deed must be

1. Clear on its face that it’s intended to be a deed
2. Signed by grantor and witnessed
3. Delivered

Question 15

LRA 2002, ss 4 and 6

Answer 15

For unregistered land new owner must register his ownership of property on the land register within two months of completion

Question 16

LRA 2002, s 27(1)

Answer 16

For registered land legal title does not transfer until registration has taken place

Question 17

LPA 1925, s 1(2)

Answer 17

Lists interests capable of being legal, includes

1. Easements
2. Mortgages
3. Rights of entry

Question 18

LRA 2002, s 27(2)

Answer 18

Express grant of interest in land must also satisfy certain registration requirements before becomes a legal interest

Question 19

LPA 1925, s 1(6)

Answer 19

Minor cannot legally own estate in land

Question 20

LPA 1925, s 53(1)(b)

Answer 20

Express declaration of trust in relation to land must be evidenced in signed writing

Question 21

LPA 1925, s 53(2)

Answer 21

No formalities for resulting, implied or constructive trusts

Question 22

LPA 1925, s 53(1)(c)

Answer 22

Sets out the minimum formalities to be complied with for the transfer of an existing equitable interest