9: Land law

Question 1

What are the summary of items that are regarded as land? (6)

Answer 1

The ground and soil
The natural produce of the soil
The airspace
The building and other structures
Grounds covered with water
Estates, interest and intangible rights

Question 2

If you found a treasure trove underneath your house, who does this belong to?

Answer 2

Ownership is reserved for the Crown

Question 3

What are the two test applied to determine whether a chattel is considered a fixture or not

Answer 3

The degree of annexation

The purpose of annexation

Question 4

Technically speaking, who owns all land in England and Wales?

Answer 4

The Crown

Question 5

If a person cannot own land as all land is owned by the crown, what do they own?

Answer 5

they may own estates and interests over the land

Question 6

What are two types of estates of land?

Answer 6

Freehold estate and leasehold estate

Question 7

in a leasehold estate, is there a transfer of ownership until a specified period of time in the future?

Answer 7

No, transfer of ownership does not occur. The ownership still belongs to the landlord, however the leaseholder will have the rights to occupy that space

Question 8

what is the freehold estate also known as?

Answer 8

‘fee simple’

fee - estate can be inherited
simple - may be inherited by any person from the owner of the estate

Question 9

What is a reversionary lease?

Answer 9

Reversionary lease is a lease that begins at a specified date in the future

Question 10

If person A owns a piece of land but Person B enjoys rights over that land, what is person B identify as?

Answer 10

Person B has interest over the land

Question 11

What is the name of the type of interest in land where one person has the right to use the land of another in a certain way?

Answer 11

An easement

Question 12

What is the type of interest in land where you have the right to remove property from land owned by another person?

e.g. fish from a stream running across another’s land?

Answer 12

Profit a prendre

Question 13

What is the type of interest in land defined as when an agreement is formed where person promises that they will or will not do something in relation to their land?

Answer 13

A covenant

Question 14

What are the three conditions that must be met in order for a valid leasehold estate to be created?

Answer 14

• The lease must give the lessee exclusive possession
• Must have a certainty of duration
• The premises of the land must be accurately defined

exclusive possession, certainty of duration, accurately defined

Question 15

It is essential in a leasehold estate that the grant of a lease must require the payment of any rent

True or false?

Answer 15

False. There is no requirement of a premium or rent to be paid

Question 16

What is the reason for which leasehold estate is not classed as realty, but as personalty?

Answer 16

Because there are two aspects of a lease.

The lessee owns the estate of the land, however they also bear duties and rights to the landlord (as per the contract terms)

Question 17

What is the ‘terms of the contract’ also commonly known as?

Answer 17

leasehold convenants (aka promises)

Question 18

What are the implied obligations of the landlord? (2)

Answer 18

1. Quiet enjoyment

2. Repairs and fitness for habitation

Question 19

What are the implied obligations of the tenant? (4)

Answer 19

1. Pay rent (if any)
2. Pay rates and taxes
3. Allow the landlord to visit if any repairs
4. To return the premises to the landlord once the lease term is over

Question 20

What are the terms for the two ‘special’ types of lease?

Answer 20

Tenancy at will

Tenancy at suffering

Question 21

During the sale of land, when are the parties ‘bound by the terms of the contract’?

Answer 21

After the deposit is paid, aka after the ‘exchange of contracts’