Intro

Question 1

Corporeal hereditaments

Answer 1

Rights with real, tangible quality. They are part of the land.
Including anything growing on the land (e.g: trees) & things found under the found (e.g: minerals)

Question 2

Incorporeal hereditaments

Answer 2

Intangible rights in land; e.g: right to use your neighbour’s garden as a short cut.
Including mortgages, leases, restrictive covenants, easements: affect the exact nature of your neighbour’s rights over his land.

Question 3

Civil Aviation Act 1982

Answer 3

Minimum flight high 1000m- no trespass; vertical boundary

Question 4

Hatton v UK

Answer 4

Night flights over people’s homes near Heathrow
Claim: disproportionate interference with Art 8 right
ECtHR Held: not disproportionate- no infringement

Question 5

Re the Queen in right of Manitoba and Air Canada 1968

Answer 5

Province of Manitoba attempted to put taxes on sales of goods on board of commercial airplanes flying over province.
Held: failed, no one could claim ownership of that part of airspace

Question 6

Bernstein v Skyviews:

Answer 6

Basic test (vertical boundary) Owner has rights to such height as is necessary for the ordinary use of and enjoyment of his land and the structures upon it

Question 7

Law of Property Act 1925 s. 62(1):

Answer 7

Any conveyance of land is taken to include all buildings then attached along with any other fixtures, erections etc without specification otherwise

Question 8

Elitestone v Morris:

Answer 8

Three fold distinction:

• Fixtures: affixed to the land but potentially removable
• Buildings: ‘part and parcel’ of the land- removable only by complete destruction
• Chattels: not part of the land

Question 9

Chelsea Yacht and Boat Co v Pope

Answer 9

Boat is a chattel

Question 10

Chattel or fixture?

Answer 10

Two-fold test: 
1) Default rule: Degree of annexation
Gravity test and test of permanency
2) Displaced by: Purpose of annexation
Objective test

Question 11

Elitestone v Morris:

Answer 11

If a thing rests on its own weight (most likely a chattel) it may become a fixture if its purpose is the improvement of the realty

Question 12

Berkley v Poulett 2008

Answer 12

If an object cannot be removed without serious damage to part of the realty- case for its having become a fixture is a strong one

Question 13

Land Registration Act 2002

Answer 13

Purpose: key mechanism by which competing interests in land are regulated; Obstacle: informal agreements- many not considering whether they have a right or not

Question 14

Estate in land

Answer 14

Right of possession to that land. How long a person is allowed to enjoy the land.;
Two types:
Freehold estate: absolute ownership
Leasehold estate: absolute ownership for a defined period of time

Question 15

Freehold estate

Answer 15

absolute ownership

Question 16

Leasehold estate

Answer 16

absolute ownership for a defined period of time

Question 17

Currency of Estates

Answer 17

1. Estate in possession
2. Estate in remeinder
3. Estate in reversion

Question 18

Estate in possession:

Answer 18

o Have it currently
o Enjoyment immediate
o Could include a landlord as he is still enjoying the land through collection of rent

Question 19

Estate in remainder:

Answer 19

o Enjoyment deferred until expiry of some prior right

o Present right to future enjoyment

Question 20

Estate in reversion:

Answer 20

o Present right to future enjoyment
o Residue of the owner’s interest after he has granted some away
o Reverts to you on the death of the grantee

Question 21

Limitation of Estates (before 1925)

Answer 21

1. Absolute
2. Determinable
3. Conditional
4. Contingent

Question 22

Absolute estate:

Answer 22

o Not subject to any determining condition

o Unlimited

Question 23

Current estates after LPA ‘25

Answer 23

(i) Estate in fee simple absolute in possession

(ii) Term of years absolute

Question 24

Conveyance of legal estate by joint legal owners

Answer 24

o Validly conveyed only by document signed by both legal trustees
o But- even if this is not done- if new owner’s title is registered it becomes conclusive of his legal ownership S.58 LRA 2002

Question 25

National Provincial Bank Ltd v Ainsworth [1965]

Answer 25

About s 70 of LPA’25; Husband was registered proprietor of house which he & wife lived in. After desertion wife remained there by order of the court. Husband remortgaged the house, following default on which the bank sought possession; no proprietary interest in the land which was capable of amounting to an overriding interest; mere personal right; did not confer on her any equitable estate or interest in the house