Land 1 - Nature of Land

Question 1

What’s the difference between ‘estates’ and ‘interests in land’?

Answer 1

• Estates: ownership
• Interests in Land: rights over someone else’s land

Question 2

What’s the difference between real and personal property?

Answer 2

• Real: land
• Personal: every other type of property

Question 3

What’s the difference between a proprietary and personal right?

Answer 3

• Proprietary: enforceable against 3rd parties and can be enforced by an action in rem (use/possession can be recovered) - don’t have to settle for damages
• Personal: only binds original parties & damages is only remedy

Question 4

What proprietary rights are there?

Answer 4

• Freehold,
• Leasehold,
• Easement,
• Restrictive Covenant,
• Mortgage,
• Estate Contract,
• Beneficial Interest in a trust of land

Question 5

What is an owner’s right to airspace?

Answer 5

height restricted to necessary for
- ordinary use and
- enjoyment of the land (lower airspace)

Question 6

What are the rules on lower airspace?

Answer 6

If a structure overhangs a property in lower airspace, it trespasses irrespective of causing damage

Question 7

What tests are applied to determine if something is a fixture or chattel?

Answer 7

• Purpose to enhance land/building?
• Degree of Annexation: more firmly it’s fixed, more likely to be a fixture

Purpose takes priority

Question 8

What’s the law on fixtures regarding a transfer of land?

Answer 8

A transfer of land automatically includes all fixtures, except those specifically excluded

Question 9

What is an easement?

Answer 9

A proprietary right to use land which belongs to someone else
Can be a legal (certain term) or equitable (uncertain term) interest

Question 10

What is an estate contract?

Answer 10

A contractual right to a legal estate, whether freehold or leasehold
An equitable interest arises from the contract

Question 11

What happens if the current owner of a freehold estate dies without next of kin and without a will?

Answer 11

Land is regarded as bona vacantia and estate reverts to the Crown

Question 12

What is freehold reversion?

Answer 12

The residue of the estate where a leasehold is granted

Question 13

What is a commonhold?

Answer 13

A type of freehold: an alternative to a long lease, with no overall landlord
Freehold older which is a commonhold association

Question 14

What are the remedies available for breach of a land/estate contract?

Answer 14

• Damages
• specific performance &
• injunction
  (at discretion of court & equitable principles apply)

Question 15

When will an equitable interest be recognised where a land contract/valid deed is not created?

Answer 15

1. complies with formalities required for valid land contract
2. Specific performance is available (claimant has ‘clean hands’)

Question 16

For a valid land contract to be binding on third parties, what must happen?

Answer 16

An estate contract must be protected against third parties