Land Law Flashcards
What did Berstein v Skyviews & General Ltd [1977] 3 WLR 136 establish in regards to airspace?
The court established that in relation to the use of airspace a landowner’s rights only extend to a height needed for ordinary use and enjoyment.
What is the test to determine whether an object is a fixture or a chattel?
The test was established in Berkley v Poulett [1977] 1 EGLR 86, CA.
The Court must assess the degree of annexation and next the purpose of annexation to determine whether an object is a fixture or a chattel.
Which of the two stages in the chattel v fixture test takes priority?
The purpose of annexation is the key test and takes priority over the degree of annexation.
How does one tell if an object is a fixture in the purpose of annexation stage of the test?
If the object was attached to the land to enhance the land or to create a permanent improvement then it is a fixture.
How does one tell if an object is a chattel in the purpose of annexation stage of the test?
If the object was attached to the land for the better enjoyment of the object than it retains its characteristic as a chattel.
What are the two estates capable of being legal and where are they set out?
S.1(1) LPA 1925 sets out the two estates capable of being legal. These are the estate in fee simple absolute in possession (freehold) and the term of years absolute (leasehold).
What defines a leasehold?
A lease is an estate in land where the tenant is granted exclusive possession of land for a fixed period.
What is an easement?
An easement is a right of one landowner to make use of another nearby piece of land for the benefit of their own land.
What are the significant ways in which an equitable property right can be created?
- By contract to create or transfer a legal estate or interest.
- By trying to grant a legal estate or interest but failing to comply with the relevant formalities.
- By grant of an estate or interest by a person who owns only an equitable right.
- By grant of an estate or interest which can only exist in equity.
- By express trust.
- By implied trust.
What are the two ways in which an express trust can be created?
- By self -declaration. Here the settlor retains the legal title to their property but declares that they hold the property as trustee for the benefit of another person.
- By declaration and transfer. Here the settlor declares a trust and transfers legal title to their property to the trustees who hold the property for the benefit of the beneficiaries.
How does a resulting trust arise?
When a person who is not the legal owner contributes directly to the purchase price of the property.
When does a constructive trust arise?
When a person, who is not the legal owner of the property, makes a contribution to the property other than a direct financial contribution at the time of the purchase.
What does s.52(1) LPA 1925 set out as a formality?
S.52(1) LPA 1925 provides that a deed is required to create or transfer a legal estate or interest in land.
Where are the requirements for a deed set out and what are they?
S.1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LMPA 1989) sets out the requirements for a deed.
The deed must be:
1. in writing;
2. clear on its face that it is a deed;
3. signed;
4. witnessed; and
5. delivered
What type of leases do not need a deed?
Parol leases do not need a deed and can be created orally.
