SG - Intro Flashcards
Tenure
denotes conditions of lanholding; every land is on licence from the Crown
Estate
denotes period of landholding; individuals own estate in land (general rule)
Freehold
Fee simple in absolute possession; estate
Leasehold
Term of years absolute; estate
Normal property (i.e. phone); type of right (personal property/chattels)
Right in personal, personal action; you can get financial compensation from person who took it from you/ destroyed it; normally you don’t have a right to get the thing back; recovery only at courts discretion
Land; type of right
Right in rem; right to recovery of land; recovery as of right, not discretionary; financial compensation at court’s discretion
Leasehold property
= Chattels real; classed as personal property; but with real rights; right to recovery of the land
Def of land
LPA’25 s 205(1)(ix)
Corporeal hereditaments
inheritable right with physical form, including land and buildings
Incorporeal hereditaments
inheritable right with NO psychical form, including right s of user of the right to take the produce of the land; i.e. easement, privilege
Grigsby v Melville
A person who purchases land acquires everything that lies below its surface
Skyviews & General Ltd
Lower space belongs to land, upper not
Lemmon v Webb
One can trespass into lower airspace
Fixture
objects considered part of land, thus transferred with land automatically, conveyance - s62 LPA; part of greater design
Chattel
personal possessions having no connection with land; just for enjoyment
