Definitions

Question 1

Basic definition of EPL

Answer 1

Not concerned with absolute rights bur rather with balancing the relative claims to land which may be made by a number of people - MacKenzie

Question 2

Possession assumption

Answer 2

It is assumed that the individual in possession is the rightful owner of the land. Thompson

Question 3

Realty

Answer 3

Immoveable property

Question 4

Personalty

Answer 4

Chattels, which is further broken down into choses in action and choses in possession

Question 5

Splitting of Ownership

Answer 5

X and Y might be able to call themselves concurrently and under different titles owners of an estate in land. (All land technically held of the Crown)

Question 6

Quia Emptories

Answer 6

Killed of feudal system but stopping subrogation, but technically still exists within leasehold property

Question 7

Usque ad coelum et ad inferos

Answer 7

From the centre of the earth to the heaven - Not technically true as height only within ordinary use and enjoyment
Bernstein v Skyviews & General Ltd

Question 8

Superfices solo cedit

Answer 8

That which is put onto land becomes the land

Question 9

Quicquid plantatur solo, solo cedit

Answer 9

That which is put onto the ground
Test:
1) Degree of attachment
2) Purpose of attachment

Elitestone Ltd v Morris - Remove without damaging then it is fittings if not fixture

Question 10

Importance of Possession

Answer 10

Assumption person in physical possession owns land - Thompson
Hire v Mill - No man in his sense would believe someone owned land purely because they were standing on it

Question 11

Estates in Land

Answer 11

• Fee Simple Absolute in Possession AKA Freedhold

- Term of Years Absolute AKA Leasehold

Question 12

Legal interests

Answer 12

Easements, Rent Chargers and legal mortgages

Question 13

Equitable interests

Answer 13

Life estate, restorative covenant and trust interest