1. Nature of Land

Question 1

What is Real Property?

Answer 1

Real property is property that is immovable. Such as Land itself, but also any third party rights in the land.

Question 2

Are third party interests in Land Real Property or Personal Property?

Answer 2

Real Property

Question 3

Does the owner of the land also own the mines and minerals beneth it?

Answer 3

No, Any coal, natural gas, or oil beneath the land are deemed by statue to be property of the crown.

Question 4

Can owners of land prohibit people using there airpsace?

Answer 4

The owner has rights in the airspace above their land to such height as is necessary for the ordinary use and enjoyment of his land.

Above this height, the landowner has no more rights than the public

Question 5

What is the diffrence between a Corporeal Hereditament and Incorporeal Hereditaments?

Answer 5

This is a way of distniguishing between real property.

Corporeal = Anything with physical from , such as the land

Incoporeal = anything without physical form, such as a right of way

Hereditaments = Can be inherited

Question 6

Give 3 Examples of a Incorporeal Hereditaments?

Answer 6

anything without physical form, such as:

1. Right of way
2. Rights of light
3. Rights to receive rent

Question 7

Give 4 Examples of Corporeal Hereditamanets

Answer 7

1. The Land
2. The Buildings on it
3. Fixtures and Chattels
4. Plants attached to it

Question 8

Are Wild animals part of the land / a Corporeal Hereditamanets?

Answer 8

No, only if they are dead on the land

Question 9

Is water part of the land / a corporeal hereditament?

Answer 9

No, although the owner of the land may have rights to use it.

Question 10

What is the difference between Fixtures and Chattels?

Answer 10

1. Fixtures are part of the land and so transfer with the land
2. Chattels are personal possessions and remain the possession of the seller

Question 11

What is the 2 fold test for establishing if something is a Fixture or Chattel?

Answer 11

1. The Degree of Annexation
   - If removing requires destroying it or causing significant damage, it is a fixture

-If resting on land, its a chattel

2. The Purpose of Annexation
   -If intended to be permanent, its a fixture

-If intended to be merely for convenience or temporary improvement its a chattel

Question 12

What is meant by the Crown being the absolute owner of the land?

Answer 12

The crown has granted estates in land, either freehold (Forever) or leasehold (for a fixed term)

If the owner of the estate dies without a will or relatives, the land passes back to the crown

Question 13

How can an equitable owner of an estate in land sell the land?

Answer 13

Only legal owners can sell an estate in land.

Thus, an equitable owner would require a Court Order

Question 14

How must a legal estate be transfered?

Answer 14

It must be done by deed:

1. Clear it is intended to be a deed
2. Validly executed as a deed by parties subject to it (signed and witnesses)

(3. Must also be registered with HM Land Registry if for Registered Land)

Question 15

What are the 4 Legal Interests?

Answer 15

1. Easement
2. Mortgage
3. Rent Charge
4. Rights of Entry

They must be made by deed to be Legal Interest

All the others are Equitable Interests

Question 16

When can the 4 Legal Interests become Equitable?

Answer 16

If they are not made by Deed

Question 17

What is an equitable interest?

Answer 17

Anything not a Legal Interest such as:
-Restrictive Covenant
-Beneficial Interests under a trust
-Estate Contracts

2. Legal Interests that have not been made by deed.

Question 18

What are the 3 ways a equitable / beneficial interest under a trust can be imposed?

Answer 18

1. Constructive Trust - Mortgage or Improvements
2. Resulting Trust - Purchase Price / deposit
3. Proprietary Estoppel (defense to stop someone going back on a promise / mistaken belief)

Question 19

When does a constructive trust in land arise?

Answer 19

1. Substantially contributes to the mortgage
2. Substantially constitutes to improvements to the property

Question 20

When does a resulting trust arrise?

Answer 20

1. Payment towards deposit / purschase price

Question 21

If the facts show both rise to a trust and proprietary estoppel, what is best to use?

Answer 21

Its best to use a trust as proprietary estoppel will only provide the bare minimum to show justice has been served

Question 22

What is an estate contract?

What is the interest (legal or equitable)

Answer 22

□ This is the ‘exchange of contracts’

□ At this point the owner is legally obligated to complete.

They do not have an legal ownership, but do have an equitable interest.