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Land Law > Fundamentals > Flashcards

Fundamentals Flashcards

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1
Q

What is an estate?

A

An estate is the right to own and enjoy land for a particular length of time

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2
Q

What is an interest?

A

IT is a right affecting someone else’s land.

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3
Q

What are examples of legal interests?

A
  1. Legal easements and profits
  2. Legal rent charge.
  3. A charge by way of a legal mortgage.
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4
Q

What are equitable interests?

A

Any interest that is not classified as a legal estate or legal interest ( s.1(3) LPA 1925).

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5
Q

Wha are examples of an equitable interest?

A
  1. Benefit of a restrictive covenant or contract
  2. Interest of a beneficiary under a trust
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6
Q

Are equitable interest capable of being registered?

A

No - they are not capable of substantive registration at the land registry - they may be protected on the register by notice or registration.

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7
Q

What interest are capable of being registered under the Land Registration Act 2002

A

Only legal estates and interests.

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8
Q

Who is a third party in land law?

A

In land law a third party is a new owner of land burdened by the right

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9
Q

What is a proprietary right?

A

A proprietary right in land can be enforced by an action in rem

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10
Q

Action in rem - what does it mean?

A

It men’s that the use or possession of the land can be recovered. The holder of the land does not have to settle for damages and can enforce their possession

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11
Q

Can a proprietary right be capable of being enforced against third parties?

A

Yes !

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12
Q

Personal right - can they be enforced?

A

They can only be enforced by a personal action for damages if the right is breached. Therefore - use of the right cannot be recovered

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13
Q

Who do personal rights bind?

A

They bind only the original parties. There can be no recourse against a third party

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14
Q

Examples of a personal right in land

A
  1. Postal worker crossing land to deliver post ; ( postal worker has a licence to cross your land for the purpose of delivering post).
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15
Q

What are the fixed list of rights that have a proprietary status?

A
  1. Freehold estate.
  2. Leasehold estate.
  3. Easement.
  4. Mortgage.
  5. Restrictive covenant.
  6. Estate contract.
  7. Beneficial interest in a trust of land.
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16
Q

What does it mean to have a proprietary right in land?

A

It means they will have a right to occupy / use / restrict what can be done on the burdened land

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17
Q

What are the factors that determine if a right is personal or proprietary?

A
  1. Nature
  2. Creation
  3. Protection
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18
Q

Personal Right - guest house example: what rights would the guests have?

A

They would have a personal right against the owner. It would be a contract. The owner is granting their guests a licence to stay. They will then enter into a contract with the guests.

If the guest house was sold to a thir party - then the guest would not be able to enforce the contract against the third party - and would only be able to seek damages for breach of contract.

If the owner stopped the guest from staying at the guest house - the guest would ONLY be able to seek damages for a breach of contract. They would not be able o recover the right to stay at the guesthouse.

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19
Q

Proprietary rights are enforceable…

A

In rem and are capable of being enforced against third parties.

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20
Q

Personal rights are only enforceable…

A

In personam…. And against the person who granted the right to

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21
Q

In order to be a proprietary right in status - the right must :

A
  1. Fixed list of rights which are capable of having proprietary status.
  2. Comply with any substantive requirements for hte right in question.
    3.Comply with the formalities to create the particular proprietary right.
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22
Q

Which right is capable of being enforced against a third party?

A

Proprietary right - however, whether it will be enforceable is dependant upon the facts ( whether it has been registered).

23
Q

A proprietary right of possession is called an ….

A

Estate in land ( two recognised 0 freehold and leasehold)

24
Q

What is a freehold estate?

A

It is a ‘ fee simple absolute in possession ‘

= absolute ownership of land

+ lasts indefinitely. LPA 1925 s.1(1)(a)

A piece of land will only be subject to on of these estates

25
Q

Leasehold estate

A

Means ‘terms of years absolute’

More commonly known as a lease.

If you own a lease you are a tenant.

It lasts for a certain duration ( LPA 1925 s.1(1)(b)

Granted out of the freehold estate.

A piece of land may be subject to more than one of these estates ( aka divided up block of flats)

26
Q

What is an interest in land?

A

An interest in land is a proprietary IHT of limited use in he land.

I does no give a right to possess the land but gives an interest to do something on the land / restrict what can be done/

27
Q

What is an incumbrance ?

A

An incumbrance in land is sometimes referred to as an interest.

28
Q

What is he difference between legal and equitable interests?

A

LPA 1925 s.1(2) lists interests that are capable of being legal interests. The difference between legal and equitable interests becomes important in respect of remedies and enforcement.

29
Q

What are legal interests?

A

Legal interests are :
1. Mortgages
2. Easements granted for a term equivalent to a freehold or leasehold estate ( forever / for a certain term)
3. Rights of entry

30
Q

What are equitable interests?

A
  1. Freehold covenants
  2. Estate contracts
  3. Interests in a trust of land
  4. Easements granted for a uncertain term
31
Q

How would you define a mortgage?

A

It is a loan of cash that is secured by rights granted over proeprty.

The rights include the right to possess / sell the land in the event of default in the mortgage repayments.

32
Q

Who grants the mortgage?

A

The borrower grants the mortgage over their land to the lender

33
Q

What is an easement ?

A

An easement is a proprietary right to use land which belongs to somebody else.

It is more limited than an exclusive right to occupy / use.

An easement MUSt be granted or a term equivalent o ne of the legal estates ( freehold forever / lease hold certain period) to be a legal easement.

If it is not granted for a set period of time it can only be an equitable easement.

34
Q

Give examples of different easements

A
  1. Rights of way
  2. Rights of drainage
  3. Right of storage
  4. Right of park car in neighbouring land
35
Q

What is a right of entry?

A

A right of entry is a legal interest in the land.

A right of entry is either;
1. A right for a landlord to re-enter leased premises and end the leasehold estate in the event of tenant default OR someone other specified event occurring.

  1. A re charge owner’s right to hold he land if money owed is not paid.
36
Q

What is a right of entry in a lease known as ?

A

A forfeiture clause

37
Q

“Quidquid plantar solo , solo cedit “ - what does it mean ?

A

It means whatever is attached to the land becomes part of the land

38
Q

What is the definition of land - LPA 1925

A

“ other corporeal hereditaments “ - this attached and fixed to the land

39
Q

What is the test for determining if an object is a fixture or chattel ?

A
  1. The degree of annexation test.
  2. The purpose of annexation test
40
Q

What is the degree of annexation test?

A

It considers HOW the object is fixed / attached to the land / building

  • the more firmly the object is fixed the more likely it is to be a fixture.
  • if it rests on the land - by it’s own weight it is a chattel
41
Q

The purpose of annexation test is …

A

Why the object is attached ?

Was the annexation for the more convenient use / enjoyment of the chattel as a chattel OR to enhance the land or building in some way ?

This test takes priority over the degree of annexation test

42
Q

What is the presumption that the degree of annexation test raises ?

A

It raises a presumption that the thing in question is or is not a fixture.

The presumption can then be rebutted by objectively looking at the purpose

43
Q

Are pictures ( ornamental items ) usual fixture or Chattels ?

A

Chattels

44
Q

Are carpets / curtails likely to be FIXTURES or CHATTELS

A

Chattels

45
Q

Kitchen units and white goods - are they chattels or fixtures ?

A

Fixtures - if they are fixed to the wall ( kitchen units )

Chattels - if not integration and can be removed without causing damage. ( washing machine )

46
Q

Light fittings attached by screws- fixture or chattel?

A

Chattel

47
Q

In what case was the degree of annexation test confirmed ?
1) method / degree of annexation
2) object and purpose of annexation

A

Botham

48
Q

Why is a tapestry a chattel?

A

A chattel may be securely affixed to the land but remain a chattel if for the purpose of annexation is the BETTER ENJOYMENT OF THE CHATTEL

49
Q

Why was a wooden bungalow resting on concrete pillars and not attached to the land considered to be a fixture ?

A

If a chattel cannot be removed from the land without destruction / demolition it will be deemed to be intended to form part of the land = fixture

50
Q

Stone garden seat standing on own weight in garden were found to be fixtures. Why ?

A

Because they formed party of the architectural design of a building.

51
Q

What is a TA10 form ?

A

Law society fixtures and contents form TA10 - common place for buyer and seller to agree which items are to pass on the sale.

It forms part of the contract

52
Q

Which test is more important the degree of annexation test or the purpose of annexation test ?

A

The purpose of annexation test is more important. The degree of annexation test produces a presumption which can be rebutted by the more decisive purpose test.

53
Q

When land is mortgaged do fixtures form part of the security ?

A

Yes - they would be included in any sale by the lender following repossession.

Land Law (9 decks)

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