Law Land Flashcards
Where is Land defined?
S205(1) IX LPA1925?
What section stipulates that fixtures form part of land?
S62 LPA 1925
Test for determining fitting vs fixture?
Degree, and purpose of annexation?
How many estates exist in law?
Two
What is a freehold estate, and where is it defined?
Fee simple absolute in possession, S1(1)(a) LPA 1925
What is a leasehold estate, and where is it defined?
A term of years absolute, S1(1)(b) LPA 1925
Formalities for legal estates, and under what section?
All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed” S52(1) LPA 1925
What requirements are needed to meet the exception of S52(1)LPA under S54(2) LPA 1925?
Parol leases taking effect in possession, for a term not exceeding three years at the best rent obtainable.
What does S54(1) LPA 1925?
Any other interest outside of S1(1),(2),(3) or S54(2) is at will only.
Where are legal interests listed?
S2 LPA 1925
What are the legal interests, per S1(2)?
The only interest or charges in or over land which are capable of subsisting or of being conveyed or created at law are:
A) An easement, right or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute.
B) a rentcharge [This is a periodic payment for freehold land, compared to a lump sum, all extinguished by 2037 by rentcharges act 1977]
C) a charge by way of legal mortgage
D)…and any other similar charge
E) Rights of entry exercisable over a legal term of years absolute