Nature of Land Flashcards
What is the central principle of land law?
Land should not be unnecessarily burdened by interests, but statute or common law and equitable rules can correct injustices.
What is the definition of land under the Law of Property Act 1925?
Land includes physical things (buildings, soil, minerals) and incorporeal hereditaments (intangible rights like leases, easements, or trust rights).
What are fixtures and chattels?
Fixtures are items that form part of the land and cannot be removed, while chattels are personal property that can be taken by the seller.
How do you decide if an item is a fixture or chattel?
Use the degree of annexation test (how securely an item is fixed) and the purpose of annexation test (the reason the item is attached).
Who holds the land in England and Wales?
Technically, all land is held by the Crown, but individuals hold rights (a bundle of rights) over the land.
What are the two main categories of property rights in land?
Estates in land and interests in land.
What is the distinction between legal and equitable property rights?
Legal rights are protected differently from equitable rights, and they have different formalities and protections.
How do you determine if a right is legal or equitable?
Identify the interest, check if it is capable of being legal (Section 1 of the Law of Property Act 1925), and if not, it is equitable.
What are the two estates in land capable of being legal?
Freehold (can hold the property forever) and leasehold (can hold the property for a fixed period).
What interests in land are capable of being legal?
Legal easements, charges by way of legal mortgage, and certain other rights created under specific formalities.
What happens if a legal interest lacks the correct formalities?
Equity may intervene and recognize it as an equitable interest, such as an equitable lease or easement.
What formalities are required to create a legal interest in land?
A deed is typically required (Section 52 of the Law of Property Act 1925), with some exceptions like short leases or implied easements.
What happens if the formalities for creating a legal interest are not followed?
Equity may recognize it as an equitable interest if there is a contract and the appropriate formalities under the Law of Property Miscellaneous Provisions Act 1989 are met.
What happens if an interest is only capable of being equitable?
It must comply with the formalities under Section 53 of the Law of Property Act 1925, including being in writing and signed, with some exceptions (e.g., implied trust interests).
What is a licence in land law?
A licence allows a person to use land but does not create an interest in land.
What are home rights?
Home rights protect the right of a non-owning spouse or civil partner to remain in occupation of a matrimonial home but are not an interest in land.
What is the recommended approach to analyzing a land law problem?
Follow a step-by-step approach, starting with identifying the interest and then applying the relevant formalities and rules.
