Land terms

Question 1

What is a hereditament?

Answer 1

items of or rights of interest in real property that can be inherited; piece of land or interest in land that can be passed to one another

Question 2

What is corporeal hereditament?

Answer 2

rights or types of property that have physical form and are tangible in nature (houses, buildings, mines and minerals, trees, shrubs, flowers (growing on the land)

Question 3

What is incorporeal hereditament?

Answer 3

without a physical body or form – intangible: easements, mortgages, rent

Question 4

Whats the leading case for air space?

Answer 4

Bernstein of Leigh v Skyviews

Question 5

What statute states you cant sue for aircraft flying over?

Answer 5

Civil aviation act 1982 s.76(1)

Question 6

What is a chattel?

Answer 6

items of physical property (tangible: jewellery, furniture, cows, cars etc)

Question 7

What is a fixture?

Answer 7

something that starts off as a chattel which have been taken onto the land but then become apart of the land

Question 8

What stature states that when you buy a piece of land you get the fixtures attached to the land, but not the chattels?

Answer 8

LPA 1925, s.62(1)

Question 9

What is realty?

Answer 9

Real property and everything attached to it; judge can restore the land/building back to you

Question 10

What is personalty?

Answer 10

Found in contract and equity; gain compensation is someone deprived you of personalty

Question 11

Is land realty or personalty?

Answer 11

Realty

Question 12

What is an easement?

Answer 12

Something that adds value to your property; able to park car; right over someones land

Question 13

What is a covenant?

Answer 13

Formal legal promise by one legal owner to another

Question 14

In relation to English Law, what is the doctrine of estates?

Answer 14

The doctrine under which, instead of owning the land itself, titleholders have the right to use and control the relevant piece of land for a prescribed period of time

Question 15

What is a deed?

Answer 15

A document which is signed in the presence of a witness as a deed and is then delivered

Question 16

What case states that a conservatory formed a part of the land?

Answer 16

Buckland v Butterfield

Question 17

What case states that regardless of how heavy and difficult an object is to remove, it will not form a part of the land?

Answer 17

Berkley v Poulett

Question 18

What case states that tapestries that are affixed to the wall, will not be regarded as being part of the land?

Answer 18

Leigh v Taylor

Question 19

Do courts adopt a common-sense test or rely on the technical purpose when dealing with annexation?

Answer 19

Common sense test

Question 20

What statute states that land includes mines and minerals?

Answer 20

LPA 1925 s.205(1)(ix)

Question 21

What does the Coal Industry Act 1994 s.7(3) state?

Answer 21

EXCEPTION to LPA 1925, s.205(1)(ix) - land includes mines and minerals
Interest in the unworked coal and coal mines… shall vest in the coal authority

Question 22

What does the Petroleum Act 1998 s.2(1) state?

Answer 22

EXCEPTION to LPA 1925, s.205(1)(ix) - land includes mines and minerals
Oil and natural gas is deemed to be the property of the crown

Question 23

What are the two types of implied trusts and when do they apply?

Answer 23

Resulting trust (usually deals with commercial dealings)
Constructive trust (usually deals with domestic dealings)