Law of Land and Properties

Question 1

What is land?

Answer 1

1.Subject to the restriction use of land, a landowner
will , in addition to owning the “crust” or “surface” of
the land(i.e. soil, ground and earth), also own the
airspace above the land and the earth below.

2.It also includes physical things attached to it such as
structures, buildings, fixtures and things growing
naturally on the land

Question 2

What is the Doctorine of Tenure?

Answer 2

werh

Question 3

What two states exist by

Answer 3

Freehold

Leasehold

Question 4

What are the categories of holding land?

Answer 4

dunno

Question 5

What is freehold

Answer 5

If you own the freehold, it means that you own the building and the land it stands on outright,

Question 6

What is leasehold

Answer 6

Leasehold means that you just have a lease from the freeholder (sometimes called the landlord) to use the home for a number of years.

Question 7

What is a freehold estate in commonhold land?

Answer 7

Means commonhold

A form of landholding appropriate to those whose properties are necessarily interdepedent.

Question 8

What is commmon land?

Answer 8

Common land is owned, eg by a local council, privately or by the National Trust.

Some common land has different rights, so you may be able to use it for other activities, eg horse-riding.

Question 9

What is airspace?

Answer 9

The owner of land also owns the airspace above that land – but he or she does not own ‘up to the very heavens

It is clear, however, that lower regions of airspace do belong to the landowner. Cases have been brought in respect of overhanging cranes

Question 10

Give a case of airspace

Answer 10

Bernstein v Skyviews (1978)
• Lord Bernstein, the owner of a large country estate, brought an action in trespass against a company for flying over, and taking photographs of, his land
• The case turned on whether the airspace formed part of the claimant’s land
• Griffiths J held that the rights of the owner of land in the airspace above it extend ‘to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it’. Above that height, the landowner has no more rights than the general public
• Aircraft flying at a normal height do not trespass upon land, therefore Lord Bernstein lost the case

Question 11

What are covenants

Answer 11

Covenants (promises)- provisions in the lease regulating behaviour of both parties

Question 12

What are the common covenants found in leases?

Answer 12

1.To pay rent.
2. To repair (where it is reasonable to do so).
3.To permit the landlord entry to inspect or repair. (implied by statute)
4. To insure.
5. Not to alter the structure.
6. To use the premises only for a specific purpose.
7. Not to deny the Landlord’s title.
8. Not to assign or sublet
Lessor:
9.not to interfere with the lessee’s “quiet enjoyment” of the land,
10. not to “derogate from his grant” (not prevent lessee to use it for the purpose
it was let for),
11. fitness for human habitation
12. To repair

Question 13

What would you usually find in lease?

Answer 13

weh

Question 14

Land terms for covenants

Answer 14

weh

Question 15

Which act gives the definition of land?

Answer 15

Law of Property Act 1925, s205(1)(ix)

Question 16

What is the definition of land in the Law of Property Act 1925, s2051 (1)(ix)

Answer 16

Land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments;

Question 17

What is the definition of Doctrine of Tenure and explain it

Answer 17

1. Doctrine of Tenure I only the Crown can “own” land, individual subjects of the Crown merely “hold” land from the Crown
2. This holding of the land is categorised depending of the length of time for which it will last – doctrine of estates

Question 18

Which act offers the definition of Doctrine of Tenure ?

Answer 18

Law of Property Act 1925 s1

Question 19

What does land of any tenure mean?

Answer 19

Tenure falls into two categories
freehold
leasehold

Land tenure is the term commonly used to describe the different interests in land

Example:who owns the land, who has the right to occupy the land and for how long.

Question 20

What are the two states of land of any tenure?

Answer 20

Commonhold

Leasehold

Question 21

What is freehold?

Answer 21

1. Freehold land is owned effectively ‘forever’,
2. Most extensive right over land
3. Can be sold, given away, leased and inherited by will
4. Owner has an exclusive right to remain on the land
5. Owner may have a mortgage, and right of way crossing the back garden
6. Can only be one freehold

Question 22

What is leasehold?

Answer 22

1.Leasehold land is owned by a tenant for a
fixed period, which may be short or long,
but is not ‘forever’
2.Can be more than one leasehold

Question 23

What is Commonhold?

Answer 23

1. Commonhold and Leasehold Reform Act 2002
2. Freehold estate in commonhold land
3. Designed for flats and commercial developments
4. Made up of “commonhold units” (minimum 2) and the” common parts”
5. Unit holders must form a company limited by guarantee – Commonhold association
6. Each unit owner owns the freehold in his or her unit whilst the commonhold association will own the freehold in the common parts

Question 24

Can people own different stata of land? Give an example

Answer 24

1.Different people can own different strata (or levels) of land

John owns a house that is built on land above a coal mine. He owns the surface of the land (and the house built on it),

But the land beneath the surface — that with the coal in it — may be owned by the British Mining Company

Question 25

Explain the Woolerton and Wilson Ltd v Richard Costain Ltd (1970) case

Answer 25

Woolerton and Wilson Ltd v Richard Costain Ltd (1970)

1. The defendants were Building Contractors. Their crane jib overhung the claimant’s land at a height of 50 ft (15 m) above ground level
2. The defendant admitted trespass to the claimant’s airspace, but offered compensation for this. The claimant would not accept the compensation, but asked for an interim injunction preventing the trespass
3. Stamp J said: ‘In principle there ought to be an injunction, but on the particular facts of this case, not until the defendants had a chance of finishing the job.’

Question 26

Explain the John Trenberth v National Westminster Bank (1979) case

Answer 26

1. In this case, the defendant needed to repair his
   building, because it was unsafe
2. The claimant refused to allow scaffolding to be
   erected on his land, but the defendant proceeded
   anyway
3. The claimant was granted an injunction to prevent
   this. Woolerton and Wilson Ltd v Richard Costain
   Ltd was not followed and the correctness of that
   decision was doubted
4. It is also clear from other cases that the
   landowner does not have to prove that the
   trespassing object has affected his use of the
   land

Question 27

Analyse the John Trenberth v National Westminster Bank case

Answer 27

weh

Question 28

Analyse the Woolerton and Wilson Ltd v Richard Costain Ltd (1970) case

Answer 28

weh

Question 29

What is an over-sailing licence?

Answer 29

weh

Question 30

What is included in the over-sailing licence?

Answer 30

weh

Question 31

Give an example of a case relating to an over-sailing licence

Answer 31

Laiquat v Majid (2005)

• In this fairly recent case, there was an
extractor fan at about 4.5 m above ground
level, which protruded 750mm into the
claimant’s garden
• Silber J, relying on older cases such as
Kelsen v Imperial Tobacco Co. Ltd (1957)
held that it was a trespass into the
claimant’s airspace
• It was well within the height which the
older authorities considered to be trespass
and it did not matter that the fan had not
actually interfered with the claimant’s
normal use of his garden
• It is clear, then, that lower regions of airspace, to the height necessary
for ordinary use of the land, form part of the land. Any objects intruding
on that airspace from next door are a trespass and will entitle the
landowner to either an injunction or damages, even if they do not, in
fact, affect the ordinary use of the land

Question 32

What is commonhold?

Answer 32

Commonhold is a new type of property/land ownership introduced in 2002 as an alternative to the long leasehold system.

Designed for flats and commercial developments

Commonhold is an attempt to bring flat ownership into the 21st century

Question 33

What is the act regarding to commonhold?

Answer 33

Commonhold and Leasehold Reform Act 2002

Question 34

What are commonhold units?
How can you get a unit?
how many can you have?

Answer 34

1) A commonhold units are seperating properties within the building
2) •Unit holders must form a company limited by guarantee – Commonhold association.

•Each unit owner owns the freehold in his or her unit whilst the commonhold association will own the freehold in the common part

3)Must have a minimum of two units

Question 35

What are commonhold parts?

Answer 35

Commonhold parts are the services within the building such as elevators.

the commonhold association own the freehold in the common parts

Question 36

Explain the Woolerton and Wilson Ltd v Richard Costain and what does it regard?

Answer 36

Woolerton and Wilson Ltd v Richard Costain Ltd (1970)
1. The defendants were Building Contractors. Their crane jib overhung the claimant’s land at a height of 50 ft (15 m) above ground level

2. The defendant admitted trespass to the claimant’s airspace, but offered compensation for this. The claimant would not accept the compensation,
   but asked for an interim injunction preventing the trespass
3. Stamp J said: ‘In principle there ought to be an injunction, but on the particular facts of this case, not until the defendants had a chance of finishing the job.’

Question 37

What is included in an over-sailing licence?

Answer 37

Permission to over-sail the land, usually by reference to plans showing the agreed location of the crane and anticipated turning circle of the swing of the jib.

Limit on duration to the carrying out of the particular development, probably with an element of contingency for delays

An indemnity from the developer and/or the contractor for any damage to property or personal injury or death
arising from the over-sailing, backed up with an appropriate level of public liability insurance

Reference to a method statement either already in existence or to be put in place dealing with construction, operation and dismantling of the crane

Reference to compliance with all relevant laws, including but not limited to those relating to health and safety

Provision for termination of the licence in the event of material breach of its terms or insolvency of the developer and/or contractor

Fees - Adjoining owners may seek a fee to
grant the over-sailing rights a developer and
its contractor, in addition to payment of
the adjoining owner’s costs of putting the
licence in place and any other associated
fee

Question 38

Explain the Laiquat v Majid (2005)

Answer 38

1. In this fairly recent case, there was an extractor fan at about 4.5 m above ground level, which protruded 750mm into the claimant’s garden
2. Silber J, relying on older cases such as Kelsen v Imperial Tobacco Co. Ltd (1957) held that it was a trespass into the claimant’s airspace
3. It was well within the height which the older authorities considered to be trespass and it did not matter that the fan had not actually interfered with the claimant’s normal use of his garden
4. It is clear, then, that lower regions of airspace, to the height necessary for ordinary use of the land, form part of the land. Any objects intruding on that airspace from next door are a trespass and will entitle the
   landowner to either an injunction or damages, even if they do not, in fact, affect the ordinary use of the land