Nature of land

Question 1

How do you assess if something is a fixture or a chattel?

Answer 1

1. Degree of annexation
2. Purpose of annexation

Question 2

What are the two types of rights in land?

Answer 2

Estates

Interests

Question 3

When can a right in land be legal?

Answer 3

Is it appears in ss 1(1) or (2) LPA 1925 and meets the necessary formalities

Question 4

What are estates in land?

Answer 4

A freehold or leasehold

Question 5

What is a freehold?

Answer 5

An “estate in fee simple absolute in possession”

Question 6

What is a leasehold?

Answer 6

Estate in land where the tenant is granted exclusive possession of land for a fixed period

Question 7

What are interests in land that are capable of being legal?

Answer 7

Easements and profits

Rentcharges

Charges by way of legal mortgage

Interests in land which arise by operation of statute

Rights of entry

Question 8

What are equitable interests in land?

Answer 8

Beneficial interest under a trust - i.e. express trusts or implied trusts (resulting or constructive)

Restrictive covenant

Estate contract

Question 9

What are the necessary formalities for the creation or transfer of a legal estate or interest?

Answer 9

Deed is required - as per s 51(1) LPA, must be

1. In writing
2. Clear on it’s face it is a deed
3. Signed
4. Witnessed (1 witness)
5. Delivered

Question 10

How can an equitable right in land be created or transferred?

Answer 10

Grant of an estate or interest which can only exist in equity

Grant of an estate or interest by a person who only owns an equitable right

By contract to create or transfer a legal estate or interest

By trying to grant a legal estate or interest but failing to use a valid deed

Express trust