Land Law: Land Flashcards
What is the authority for ‘The owner of the soil is presumed to own everything “up to the sky and down to the centre of the earth”?
Bernstein of Leigh v Skyviews & General
What is the test for fixtures and chattels?
Berkley v Poulett
- Object and purpose?
Method and degree of annexation? (D’Eyncourt v Gregory)
What is the authority for ‘if the only way a chattel can be enjoyed is to fix it, it remains a chattel’?
Leigh v Taylor
What is the principle for Leigh v Taylor?
if the only way a chattel can be enjoyed is to fix it, it remains a chattel
What is the authority for ‘Fitted carpets, curtains, light fittings, gas fires connected only by a gas pipe and standard size white goods are chattels. Fitted kitchen units are fixtures’?
Botham v TSB Bank
What is the principle for ‘Botham v TSB Bank’?
Fitted carpets, curtains, light fittings, gas fires connected only by a gas pipe and standard size white goods are chattels. Fitted kitchen units are fixtures
What is the principle for ‘A common-sense approach is often adopted so that if a house is constructed to be movable without destroying it, it is still a chattel’?
Elitestone v Morris
What is the authority for ‘Elitestone v Morris’?
A common-sense approach is often adopted so that if a house is constructed to be movable without destroying it, it is still a chattel
s4 LRA 2002 states that:
a title must be registered when:
- The freehold is transferred;
- A legal lease of more than 7 years is granted
- A legal lease with more than 7 years to run is transferred; or
- There is a grant of a first legal charge (e.g a mortgage).
Which section and act states when a title must be registered?
s44 LRA 2002
What are the three registers?
- Property Register
- Proprietorship Register
- Charges Register
What is contained in the property register?
- Description of the land by reference to a title plan and to the address of the property.
- Easements.
- Contains the benefit of any rights over adjoining land.
- Whether the estate is freehold or leasehold.
What is contained in the proprietorship register?
- Owner details.
- Contains trusts interests.
- Contains any restrictions on the owner’s right to sell or mortgage the property.
- Cautions
What is contained in the charges register?
- Contains IAREs (e.g. s30 FLA 1996 rights, estate contracts, restrictive covenants, equitable easements).
- Third party rights
- Notices – agreed and unilateral.
- Any burdens on the land
A good root of title must:
- Be at least 15 years old
- Deal with the whole of the legal and equitable title
- Contain an adequate description of the land
- Contain nothing to cast any doubt on the title
Which section and act contains ‘home rights’?
s30 FLA 1996
What are the four categories of third party interest?
- Registrable dispositions
- IAREs
- Trust interests
- Overriding interests
Which section and act contains the list of registrable dispositions?
s27 LRA 2002
Examples of registrable dispositions are:
- Legal mortgage
- Expressly-created easements
- Leases for more than 7 years.
Examples of IAREs are:
- FLA 1996 rights
- Estate contracts
- Restrictive covenants
- Equitable easements
s30 FLA 1996 ‘home rights’ arise provided that:
- The parties are legally married - s30(8);
- The home is, has been or is intended to be a matrimonial home.
Which section of FLA 1996 actually grants ‘home rights’ and what are they?
s30(2)
- Not be evicted from the matrimonial home (if in occupation); or
- Enter into and occupy the house (if not in occupation).
Which section of FLA 1996 limits s30 and why?
s30(7) if there was no intention for the estate to be a matrimonial home
Which act extends FLA 1996 rights to civil partners?
Civil Partnership Act 2004 extends these rights to civil partnerships.
