Nature of Land Flashcards
What comes with the land?
Fixtures. Not Chattels
Two-stage test to determine whether an object is a fixture or a chattel - Berkley v Poulett [1977]
- Degree of annexation - can object be removed without causing significant damage?
- Purpose of annexation - most important. If object was attached to enhance the land it is a fixture. If just enjoyment it is a chattel.
Who bears the burden of proving that something is a fixture?
The person claiming that it has stopped being a chattel.
Chattels may become part of the land over time where cannot be removed.
Examples of chattels - TSB Bank Plc v Botham [1996]
Ornaments
freestanding cooker
Appliances
Carpets and curtains
gas fire
Light fittings attached by screws
Examples of fixtures - TSB Bank Plc v Botham [1996]
Split-level cooker with a built in oven and hob
Kitchen units
Items installed by a builder
Bathroom fittings (basins, baths and toilets)
Are items that form part of an architectural design fixtures or chattels?
D’Eyncourt v Gregory [1866] - may be fixtures. Tapestries fixed to the walls, pictures, marble vases and garden ornaments were held to be fixtures.
Legal estates - s1(1) LPA 1925
- Freehold - not conditional.
- Leasehold - exclusive possession for a fixed period. Fixed-term or periodic lease.
Legal Interests - s1(2) LPA 1925
- Easements
- Profits right to go on someone’s land and take something which exits naturally.
- Rentcharges - right to receive periodic payments on the land.
- Legal Mortgage
- Interests in land arising from statute.
- Right of entry - landlords right to forfeit the lease if tenant breaks the terms.
Conditions for easements, profits and rentcharges to be legal
Must last forever or for a fixed duration.
If the duration is uncertain they are not capable of being legal and can only be equitable.
Creation of Equitable Interests
- Contract to create or transfer a legal estate or interest.
- Failing to comply with formalities to create a legal estate or interest.
- Grant by person who only owns an equitable right.
- Estate or interest can only exist in equity
- Express or implied trust.
Which interests can only be equitable?
- Beneficial interest under a trust.
- Restrictive Covenants
- Estate contract - parties have entered into a contract before the title is transferred.
What is the Statutory Right under s30 Family Law Act 1996?
Non-owning spouses or CP’s have a statutory right of occupation of the matrimonial home.
Formalities for the creation or transfer of a legal estate or interest.
Deed - s52(1) LPA 1925.
Must be in writing, clear that it is a deed, signed and witnessed by one witness and delivered.
Exceptions to the formality requirements for the creation or transfer of a legal estate or interest
- Parol leases - 3 years or less, tenant must have the immediate right to possess and enjoy the land, pay market rent and landlord must not charge a fine or premium.
- Some easements
Formalities for the creation or transfer of an equitable right which can only exist in equity - e.g. restrictive covenants.
Signed written document - s53(1) LPA 1925.
Formalities for the creation or transfer of an equitable right by a person who only has an equitable right.
Signed written document - s53(1) LPA 1925.
Formalities for the creation of an equitable right by a contract to create or transfer a legal estate or interest
Walsh v Lonsdale (1882)
- Contract must comply with s2 LPMA 1989 - Writing, incorporate all expressly agreed terms in one document and signed by/ on behalf of all parties.
Variation must also comply with these conditions.
- Specific performance of the contract must be available - clean hands.
- Contract will create an equivalent equitable right - contract to create a legal lease will create an equitable lease.
Formalities for the creation of an equitable right by trying to grant a legal estate or interest but failing to use a valid deed
Must be a contract complying with s2 LPMPA 1989 and person relying on this must have clean hands.
Formalities to create an express trust
Signed written document (s53(1) LPA 1925).
