Estates and Interests

Question 1

What is the definition of land under section 205 (1) (ix) of the Law of Property Act 1925?

Answer 1

Land includes the surface, subsoil, and airspace above the land, as well as mines and minerals whether held apart from the surface.

Question 2

What is the principle of ‘cuius est solum eius est usque ad coelum et ad inferos’?

Answer 2

It means “he who owns the land owns everything reaching up to the very heavens and down to the very depths of the earth.”

Question 3

How does the Civil Aviation Act 1982, Section 76 (1), impact land ownership?

Answer 3

It provides that no action shall lie in respect of trespass or nuisance by reason only of the flight of an aircraft over any property at a height above the ground which is reasonable given the circumstances.

Question 4

What are corporeal hereditaments?

Answer 4

These are physical objects attached to the land, such as buildings and trees.

Question 5

What are incorporeal hereditaments?

Answer 5

These are intangible rights over land, such as easements and profits a prendre.

Question 6

What is a freehold estate?

Answer 6

A freehold estate, also known as an estate in fee simple absolute in possession, grants indefinite ownership rights over the land.

Question 7

What is a leasehold estate?

Answer 7

A leasehold estate, known as a term of years absolute, grants time-limited and restricted ownership rights over the land.

Question 8

What are the two types of legal estates in land recognized by the Law of Property Act 1925, section 1(1)?

Answer 8

(a) An estate in fee simple absolute in possession and (b) a term of years absolute.

Question 9

What are some examples of legal interests in land under the Law of Property Act 1925, section 1(2)?

Answer 9

Easements, profits a prendre, rentcharges, legal mortgages, and rights of entry.

Question 10

What is an easement?

Answer 10

An easement is a right attached to a piece of land that allows the landowner to use a neighbor’s land in a certain way, such as a right of way.

Question 11

What is a legal mortgage?

Answer 11

A legal mortgage is a security interest in land granted to a lender in exchange for a loan, with the land serving as collateral.

Question 12

What distinguishes legal interests from equitable interests in land?

Answer 12

Legal interests are recognized by common law and are binding on the world, whereas equitable interests are recognized by equity and are subject to the doctrine of notice.

Question 13

What is a beneficial interest under a trust?

Answer 13

A beneficial interest is an equitable interest where the legal owner holds the land on trust for the benefit of another person.

Question 14

What are some examples of equitable interests in land?

Answer 14

Restrictive covenants, equitable easements, options to purchase, and beneficial interests under a trust.

Question 15

What is the doctrine of notice in relation to equitable interests?

Answer 15

Equitable interests are subject to the doctrine of notice, meaning they generally bind all parties except a “bona fide purchaser for value of a legal estate without notice.”

Question 16

What are the types of notice under the doctrine of notice?

Answer 16

Actual notice, constructive notice, and inquiry notice.

Question 17

What is actual notice?

Answer 17

Actual notice occurs when the purchaser actually knows of the equitable interest at the time of purchase.

Question 18

What is constructive notice?

Answer 18

Constructive notice occurs when the purchaser would have known about the interest if they had conducted reasonable due diligence.

Question 19

What is inquiry notice?

Answer 19

Inquiry notice is a form of constructive notice where the circumstances would prompt a reasonable person to make further inquiries, which would reveal the equitable interest.

Question 20

What is overreaching?

Answer 20

Overreaching is a mechanism whereby the rights of beneficiaries under a trust of land are converted into monetary claims on conveyance, detaching from the land and attaching to the sale proceeds.

Question 21

Under what conditions does overreaching occur?

Answer 21

Overreaching occurs when the purchase money is paid to at least two trustees or a trust corporation.

Question 22

What is the purpose of overreaching?

Answer 22

Overreaching facilitates land transactions by ensuring that purchasers can acquire land free from certain equitable interests, thereby promoting certainty and security in land transactions.

Question 23

What was the significance of Hill v Tupper (1863)?

Answer 23

The court held that a right to put pleasure boats on a canal was a personal advantage and did not benefit the land, thus it was not an easement.

Question 24

What was decided in Re Ellenborough Park (1956)?

Answer 24

The court established criteria for a valid easement, including that it must accommodate the dominant tenement and be capable of forming the subject matter of a grant.

Question 25

What principle was established in Tulk v Moxhay (1848)?

Answer 25

The principle that restrictive covenants can bind successive owners of land if they have notice of the covenant, establishing that such covenants are enforceable in equity against successors.

Question 26

What did the court rule in Bernstein v Skyviews (1978)?

Answer 26

The court ruled that the landowner only owns such airspace as is necessary for the reasonable enjoyment of the land, rejecting a claim for trespass by aerial photography.

Question 27

What is the difference between fixtures and chattels?

Answer 27

Fixtures are objects that are attached to the land in such a way that they become part of it, whereas chattels are personal property that remains separate from the land.

Question 28

What are the tests for determining whether an object is a fixture or a chattel?

Answer 28

The method and degree of annexation (how firmly it is fixed) and the object and purpose of annexation (whether it is intended to permanently improve the property).

Question 29

What did the court decide in Botham v TSB Bank Plc (1996)?

Answer 29

The court provided guidance on distinguishing fixtures from fittings, emphasizing the importance of annexation and purpose.

Question 30

What is a restrictive covenant in land law?

Answer 30

A restrictive covenant is an agreement that restricts the use of land in some way, typically enforceable in equity against subsequent owners who have notice of the covenant.

Question 31

What is an option to purchase?

Answer 31

An option to purchase gives the holder the right to buy a property at a future date at a predetermined price.

Question 32

What did the court rule in Parker-Tweedale v Dunbar Bank plc (1991)?

Answer 32

The court stated that the duty between mortgagee and mortgagor is based on equity, and the duty does not extend to the beneficiaries of a trust in which the mortgagor is the trustee.

Question 33

What are tenant fixtures?

Answer 33

Tenant fixtures are items affixed to rented property by a tenant for trade, agricultural, or ornamental purposes, which the tenant is entitled to remove at the end of the tenancy.