1- Intro To Land Law Leg. + Cases

Question 1

Bernstein of Leigh (Baron) v Skyviews and General

Answer 1

Sky space restricted to such height as is necessary for land owner to enjoy sky in ordinary way

Question 2

Bocado SA v Star EnergyUK Onshore Ltd [2010]

Answer 2

Land owner has control of the land to depth of up to 30m below

Question 3

Berkley v Poulett & D’Eyncourt v Gregory

Answer 3

2 tests:

1. Method and degree of annexation
2. Object and purpose of annexation- D’Eyncourt v Gregory (conclusive)

Question 4

Estates capable of being legal: S1(1) LPA 1925

Answer 4

Only estates capable of being legal:
(I) Estate fee simple in absolute possession (freehold)
(II)Terms of Years Absolute (leasehold)

B) Freehold estate

Question 5

Definition of leasehold under S205 (1) (xxvii) LPA 1925

Answer 5

“Term of years” = “term for less than year or for year or years and a fraction of a year or from year to year”

Question 6

Proving title in UNREGISTERED system: S44 LPA 1925

Answer 6

Seller need only produce title deeds proving ownership of the land for the last 15 years

2 conditions for ownership proof:

• Deed deals with both legal and equitable interests in property
• Does nothing to cast doubt on title

Question 7

Proving title to land in REGISTERED system: LRA 2002

Answer 7

All info is put on computerised system with name of owner, mortgage etc.

Question 8

Formalities for contract of sale: S2 LP(MP)A 1989

Answer 8

A contract must:

(i) be in writing;
(ii) contain all the terms agreed by the parties; and
(iii) be signed by or on behalf of both the parties.

Question 9

Transfer of title of land: S52(1)LPA 1925

Answer 9

Deed is required to transfer legal estate

Question 10

Transfer of title of land- Requirements for a deed:

S1(2) LP(MP)A 1989

Answer 10

a deed must:
(i) make it clear on the face of it that it is a deed; and
(ii) be validly executed as a deed by the person making it (or their
authorised representative)

Question 11

Transfer of title- a valid deed:

S1(3) LP(MP)A 1989

Answer 11

deed will only be validly executed if it is:

(i) signed and witnessed; and
(ii) delivered as a deed.

Question 12

Registered titles: S27 LRA 2002

Answer 12

There will be a transfer deed but the legal estate remains with the seller until the buyer’s name is entered on the register as the new owner of the land