Nature of land

Question 1

How does english law distinguish property?

Answer 1

• real property: land
• personal property: everything else

Question 2

What did the Norman Conquest in 1066 establish?

Answer 2

All land belongs to the crown as sovereign

Question 3

What is a third party in the context of land law?

Answer 3

New owner of land burdened by a right

Question 4

How can proprietary rights be enforced?

Answer 4

Action in rem (use/possession can be recovered)

Question 5

How are personal rights enforced?

Answer 5

Personal action for damages

Question 6

What are the fixed rights with proprietary status?

Answer 6

• Freehold estate
• Leasehold estate
• Easement
• Mortgage
• Restrictive covenant
• Estate contract
• Beneficial interest in a trust of land

Question 7

Are all rights with proprietary status proprietary rights?

Answer 7

No

Question 8

How do you determine whether a right is proprietary?

Answer 8

• substantive characteristics
• formalities
• registration

Question 9

What is an estate in land?

Answer 9

Proprietary right of possession
Freehold or leasehold

Question 10

How long does freehold interest last?

Answer 10

Until the owner dies without blood relatives or having disposed of it by Will

Question 11

What is the residue of an estate after granting a lease called?

Answer 11

Freehold reversion (or leasehold reversion)

Question 12

Can interests be enforced against third parties?

Answer 12

Yes

Question 13

What is an interest?

Answer 13

Gives holder a right to something on the land or restrict what can be done

Question 14

Which interests are defined as legal interests under s1 LPA 1925?

Answer 14

• Mortgages
• Easements for term equivalent to freehold/leasehold estate
• Rights of entry

Question 15

Which interests are defined as equitable interests under s1 LPA 1925?

Answer 15

• Freehold covenants
• Estate contracts
• Interests in a trust of land
• Easements for uncertain term

Question 16

What is a mortgage?

Answer 16

Loan of cash secured by rights granted over property

Question 17

What is an easement?

Answer 17

Proprietary right to use land belonging to someone else

Question 18

What is a right of entry also known as with regards to leases?

Answer 18

Forfeiture

Question 19

What is an estate contract?

Answer 19

A contractual right to a legal estate

Question 20

What type of interest in the land does a beneficiary of a trust of land have?

Answer 20

Equitable

Question 21

Which type of interest has damages available as of right?

Answer 21

Legal

Question 22

What are the ways in which freehold can be transferred?

Answer 22

• sale
• will
• gift
• operation of law

Question 23

What is the conveyancing process?

Answer 23

1. exchange
2. completion
3. registration

Question 24

What is the effect of exchange of contracts?

Answer 24

Parties become legally committed to buy/sell the land

Question 25

What are the formalities for exchange of contracts?

Answer 25

* In writing * Contain all expressly agreed terms * Signed by both parties

Question 26

What are the formalities for completion?

Answer 26

* Clear on the face that it is intended to be a deed * Validly executed: signed by seller in presence of witness * Delivered: dating document

Question 27

What are the formalities for executing a transfer deed if the seller is a company?

Answer 27

* Two directors and witness * One director and company seal and witness * Affixing common seal of company

Question 28

When does legal title transfer for registered land?

Answer 28

When registered at land registry

Question 29

When does legal title transfer for unregistered land?

Answer 29

Completion of deed

Question 30

What must happen after legal title is transferred for unregistered land?

Answer 30

Must register at land registry within 2 months otherwise reverts back to seller

Question 31

Can land contracts be varied?

Answer 31

Yes if complies with s2 formalities

Question 32

What is the effect of a land contract?

Answer 32

Passes equitable interest to buyer

Question 33

What are examples of estate contracts which create a contractual right to a legal estate?

Answer 33

* Contract to buy land * Contract for lease * Option agreement * Right of pre-emption

Question 34

What is an option agreement?

Answer 34

gives a party a right, during an option period, to serve notice that they wish to buy the land

Question 35

What is a right of pre-emption?

Answer 35

Gives party right of first refusal if owner decides to sell

Question 36

If parties try to create a legal interest or estate but fail to do so, when will the court recognise an equitable interest in the land?

Answer 36

* There is a document complying with s2 and * Remedy of specific performance is available

Question 37

What are the remedies for breach of a land contract?

Answer 37

* Damages * Specific performance * Injunction

Question 38

Which land contract remedies are discretionary?

Answer 38

specific performance and injunction

Question 39

What are the triggering events for compulsory registration?

Answer 39

- sale, gift or court order transfer of freehold - Grant of lease more tha 7 years - assignment of lease more than 7 years to run - first legal mortgage

Question 40

What are the principles of land registration?

Answer 40

- mirror principle - curtain principle - insurance principle

Question 41

What is the mirror principle?

Answer 41

Register reflects all matters property benefits from/subject to

Question 42

What is the curtain principle?

Answer 42

Register shows legal title not equitable title

Question 43

What is the insurance principle?

Answer 43

Accuracy is guaranteed by the state

Question 44

What does the property register in the register of title show?

Answer 44

* Description of land * Freehold or leasehold * Right that benefit the land

Question 45

What does the proprietorship register in the register of title show?

Answer 45

* Proprietor’s name and address * Restrictions on dealing * Class of title

Question 46

Where are burdens/leases noted on the title register?

Answer 46

Charges register

Question 47

For transactions which are required to be registered at the land registry, what is the effect if they are not registered?

Answer 47

Not legally recognised

Question 48

What is included in the statutory definition of land?

Answer 48

- surface - buildings/parts of - fixtures - proprietary rights

Question 49

How much airspace will a landowner own?

Answer 49

Height necessary for ordinary use and enjoyment of the land

Question 50

What will a landowner not own beneath the ground?

Answer 50

- gold and silver - treasure - coal - below 300m

Question 51

What is the test for whether an object is a chattel or a fixture?

Answer 51

1. Degree of annexation 2. Purpose of annexation

Question 52

Are fixtures included in a sale?

Answer 52

Fixtures automatically included unless specifically excluded in sale contract