Land

Question 1

Freehold estate (fee simple absolute in possession)

Answer 1

1. lasts indefinitely
2. only one such estate per piece of land

Question 2

Leasehold estate (terms of years absolute) (lease)

Answer 2

1. owner is tenant
2. lasts for certain duration
3. granted out of freehold estate, can be more than one

Question 3

“In reversion”

Answer 3

= residue of estate after granting lease (freehold, leasehold reversion)

Question 4

Commonhold

Answer 4

Alternative to long lease, each owner part of association no overall landlord, ie retirement home <50 in England and Wales

Question 5

Legal interests (LPA s1(2))

Answer 5

1) easement (granted for term equiv to freehold/leasehold) 2) legal mortgage 3) rights of entry

Question 6

Equitable interests

Answer 6

1) freehold covenants 2) estate contracts 3) interests in trust of land 4) easements granted for uncertain term

Question 7

Estate contract

Answer 7

= contractual right to legal estate ie contract to buy land, grant lease, option to purchase land

Question 8

Transfer of freehold estate (conveyance) methods

Answer 8

sale, will, gift, law (ie bankruptcy)

Question 9

Sale of freehold estate process (registered land)

Answer 9

1) exchange of contracts 2) deed (=conveyance) 3) registration (legal title transfers to buyer)

Question 10

Sale of freehold estate process (unregistered land)

Answer 10

1) exchange of contracts 2) deed (= conveyance, legal title transfers to buyer) 3) registration - required within 2 months else title goes back to seller

Question 11

Formalities: land contracts (LPA s2)

Answer 11

1) must be in writing (including any variations 2) must contain all expressly agreed terms (can include incorporated terms (in other doc)) 3) must be signed by bother parties (in one doc or two identical documents if exchanged)

Question 12

Formalities: deed (LPA s1)

Answer 12

1) required (LPA 1925 s52(1))
2) must be clear on face of doc that intended to be a deed (normally TR1 used) 3) must be validly executed = signed by seller in presence of witness (no legal requirement for buyer to sign) 4) must be delivered = solicitors dating documents (acknowledgement that person entering deed intends to be legally bound)

Question 13

Estate contract

Answer 13

1) equitable interest created by valid land contract
2) possible remedies - specific performance (also injunction)

(equity limitations - discretionary and ie clean hands)

(can be created deliberately or when parties try to create valid deed but fail)

Question 14

Triggering events for first registration or for requirement to update register

Answer 14

1) lease of term >7 yrs
2) first legal mortgage of freehold (or leasehold with +7 years)

(others = assignment of lease of unregistered land with more than 7 yrs to run, assent, vesting assent or vesting deed that is disposition of freehold or leasehold with more than 7 years to run (usually transfers on death), future leases (possession more than 3 mos after grant date))

Question 15

Principles of registration =

Answer 15

1) mirror = reflects ownership (not perfect bc overriding interests)
2) curtain = need not worry about equitable ownership (overreaching)
3) insurance = state guarantees title

Question 16

Classes of title

Answer 16

1. Absolute
2. Qualified
3. Good leasehold
4. Possessory

Question 17

Proprietorship Register

Answer 17

= details of classes of titles (= any restrictions on owner’s ability to deal w land)

Question 18

Charges register

Answer 18

= easements, restrictive covenants, mortgages

(charges or other matters that affect the land)

Question 19

Property Register

Answer 19

= description of land in title and rights benefiting it

Question 20

Failure to register consequence

Answer 20

Transaction not legally recognised (LRA s27(1))

= title goes back to seller

Question 21

What is land (LPA 1925 s205(1)(ix))

Answer 21

surface of physical land, building on land, fixtures (not chattel/fittings), benefits of any easements

(technical language = corporeal hereditaments = fixtures, incorporeal hereditaments = non-physical property rights ie easement)

Question 22

Airspace

Answer 22

Ownership extends to height necessary for use and enjoyment of land = lower airspace, anything above not owned = upper airspace

(anything in lower airspace = trespass regardless of damage (ie crane)

Question 23

Ground below

Answer 23

1. Land extends to ground below surface, practically up to 300 meters bc Coal Authority Infrastructure Act 2015 says no trespass below 300 meters
2. not entitled to a) minerals b) treasures

Question 24

Degree of annexation test

Answer 24

1. more firmly that object fixed to land or building more likely to be fixture
2. creates presumption that can be rebutted by purpose test

Question 25

Fixtures v chattel test

Answer 25

Degree of annexation

Purpose of annexation

Question 26

Purpose of annexation test

Answer 26

1. if annexation for more convenient use or enjoyment of object = chattel, if to enhance building then = fixture
2. prevails over degree test

Question 27

Likely chattels

Answer 27

1) pictures
2) carpets and curtains
3) light fittings attached by screws
4) kitchen appliances (if not integrated and can be removed without damage)

Question 28

Likely fixtures

Answer 28

1) kitchen unit
2) items installed by a builder
3) bathroom fittings (toilet/baths)

Question 29

Conveyance of land includes all fixtures unless specifically excluded

Answer 29

To avoid disagreement usually fill out Form TA10 as part of contract