Concepts

Question 1

What is land

Answer 1

S205(1)(ix) LPA 1925

Things you can touch and feel

Question 2

What is a fixture

Answer 2

Part of the land that must remain with it

Question 3

What is a chattel?

Answer 3

Moveable property

Would not expect to acquire them when buying land

Question 4

Tests to determine fixture or chattel

Answer 4

1. Method and degree of annexation
   - how firmly fixed
   - will it cause damage to remove
2. Object and purpose of annexation
   - why is it there
   - rebuttal presumption in first test
   - conclusive

Question 5

Who owns land

Answer 5

1. All land in E & W owned by Crown
2. Owning land is a right to enjoy land for a period of time
3. If someone died having owned land with no inheritors it will belong to crown

Question 6

What does estate mean

Answer 6

Time in the land

Question 7

What is a freehold estate?

Answer 7

Outright ownership which will last forever

Question 8

What is a leasehold estate

Answer 8

Of limited duration

Leases may be fixed term or periodic

Question 9

Unregistered system of land

Answer 9

Proving you own title to the land showing good root of title

Showing documents that they prove ownership

Must be at least 15 years old

Question 10

Registered system of land

Answer 10

Land registration act 2002

Register is computerised and open to the public

Question 11

How does a conveyancing transaction work? - moving of land

Answer 11

1. Exchange of contracts
   - 10% deposit paid on exchange
   / time delay of 2-4 weeks before completion
2. Completion
   - ownership moves & 90% money is paid

Question 12

Formalities for a contract for sale of land

Answer 12

S2 Law of Property (Miscellaneous Provisions) Act 1989

• Be in writing
• contain all terms agreed by parties
• be signed by or on behalf of both parties

Question 13

S52(1) LPA 1925

Answer 13

Deed is required to create or transfer a legal estate

Question 14

Requirements of a deed

Answer 14

S1 LPMPA 1989

1. Must be clear on the face if it that it’s a deed
2. Signed, witnesses and delivered

Question 15

When does the ownership of unregistered title pass over?

Answer 15

Once deed is dated, ownership of land passes and buyer becomes legal owner as soon as the money is paid and completion takes place

Question 16

When does ownership of registered land change hands?

Answer 16

Transfer deed will be dated and completion takes place, but buyer doesn’t become legal owner until buyers name is on the register

Need to make application for transfer of ownership

Question 17

Deciding case on fixtures and chattels

Answer 17

TSB Bank v Botham

Question 18

What did Botham say was a chattel?

Answer 18

• Carpet
• Gas fire
• White goods
• Light fittings

Question 19

What entries would you expect to see in the register of title?

Answer 19

Property register

Proprietorship register

Chargers register