Supo 1

Question 1

Mew v Tristmire 2012

Answer 1

C lived on houseboat in D’s harbour, placed on stilts in the water. Tried to argue he was a tenant under Housing Act; not a licensee

HELD: licensee. Boat was chattel
Insufficient annexation to become part of land
Degree of annexation required to be considered in light of all circs.

Question 2

Bernstein v Skyviews 1978

Answer 2

Aerial photographs

Held: Skyviews not liable

Civil Aviation Act covers commercial flying
Limits accursius’ “up to heavens” def.
Dist. Between immediate airspace affecting ordinary enjoyment; landowner doesnt own up to heavens but up to what is necessary for imm. enjoyment
Even if it was trespass, no law against taking a photo so no remedy

Question 3

Bocardo v Stsr Energy 2011

Answer 3

Oil digging under neighbouring land

Neighbour sued for trespass and won damages in SC

No longer “down to the underworld”

Principle: vindicates that you cant exploit sb else’s soil and not give them an interest.

Anomaly: cant exploit own subsoil: right to exploit minerals vests in crown.

Question 4

Holland v Hodgson 1872

Answer 4

Annexation test

Machinery bolted to factory floor is sufficiently annexed

Blackburn J: degree and purpose test; a high degree of annexation can be rebutted if purpose is to use as a chattel

HOWEVER Elitestone (new authority) says annexation more important than intention, which unduly complicates.

Question 5

Elitestone v Morris 1997

Answer 5

C a leaseholder of a building on pillars. Argued it was a fixture although it wasnt attached, as was intended for use in situ

HoL held: fixture.

Not a fixture traditionally but cedes to land.
Cant be removed without demolition or damage means it was intended to form part of the property.
Look at objectively understood purpose of the construction, not subjective intention of the builder.

Question 6

Law of Property Act 1925

Answer 6

S.1 Restricts legal estates and interests to those which are essential for efficient use of the land

Easements
Rent charges
Mortgage charges
Rights of entry (eg on breach of covenant, or legal rentcharge)

Outside these, interests must be equitable

Question 7

Overreaching

Answer 7

Trustee sells the land and beneficiaries have a right in the purchase money gained as opposed to the land

LPA 1925 S.27 purchaser not to be concerned w the trusts of the proceeds of sale.

Over reachable interests: generally where theres an equitable interest behind a trust. LPA 1925 s2

Non family equitable interests, like legal interests and estates are rarely overreachavle (eg if you have a restrictive covenant you cant sell it).

Question 8

Registration of land charges

Answer 8

Land Charges Act 1972

Many equitable rights must be entered on a register to bind a purchaser

Question 9

Assessing the 1925 legislation

Answer 9

It’s survived, few amendments

Outdated;.focus of property up to then was interests in family settlements. Land used to be principle asset and wealthy families owned most of the land. Now shares more important and people see the family home differently

Question 10

Land Registration Act 2002

Answer 10

Register all legal estates, equitable interest
Necessary to bind purchaser. Legal interests bind, while equitable ones only protected.
Today, 95% registered.

1. Makes electronic creation of interests straightforward
2. Adverse possession now impossible effectively

Question 11

Ainsworth

Answer 11

Mr and mrs A lived in his home. He moved out, mortgaged house and defaulted. Bank tried to take away mrs A’s right to occupy.

Held: bank won

1. M-gages work bc homes have high value; if bank lost would lose a lot
2. Expensive land reg chacks; who foots
3. Old post war doctrine of deserted wife’s equity; too personal and changeable situation and is a social issue for legislature (Matrimonial Homes Act 1967

Question 12

Personal and property rights

Case to illustrate

Answer 12

Hill v Tupper 1863

Pleasure boats
C contracted w canal owner for exclusive right to run pleasure boats on canal. D started doing it too so C used D

HELD: failed

1. Right in personal against canal owner: contract. Not righting rem in the land
2. Numerus Clausus principle (cant create unlimited interests in the land)

Question 13

Numerous clauses principle

Answer 13

Closed list

Cant create unlimited legal interests in land (Hill v Tupper

Question 14

equity
Why developed
What anomaly it allows

Answer 14

Developed to deal w people who unfairly exploit law and give redress to their victims

Allows that sb can commit an actionable wrong by interfering w another’s obligation. Outside this, rights in personal have no effect outside debtor and creditor.

Question 15

Boland 1981

Why different to Ainsworth

Answer 15

Mrs Boland financially assisted husband in buying their house (in his name). He mortgaged and bank tried to collect it

HELD: cant kick her out: she has EQUITABLE INTEREST She had financially contributed so he had to use the freehold for both their benefits

Question 16

Trusts

How do they work

Answer 16

X wants B1 to inherit when he dies. On B1 death he wants B2 to inherit. Set up a trust; transfer ownership to trustees to administer the property for B1 and B2’s benefit.

Question 17

Freehold : fee simple

Answer 17

Fee means estate that can be passed on after your death

Simple means you can leave it to anyone on your will

Question 18

Life interests

Answer 18

Pur autre vie
Not allowed to diminish the value of the land
Only for duration of your life

Question 19

Leasehold

Answer 19

A contract
A slice of time
“A term of years”: can be of any time period. Can also be “year ro year”: ie renewed every year.

Question 20

Leasehold estate

Answer 20

The estate that the tenant holds

Question 21

London v Quadraant Housing Trust

Answer 21

Only rarely, we see the case where there is a contract of lease which doesnt give rise to a leasehold estate.

Question 22

Estate in remainder

Answer 22

Current right to future enjoyment
When I leave an estate to aunt jemima for remainder of her life and Jimmy is to own it as fee simple when she dies

If Jimmy dies before Jemima, then when Jemima dies, it’s part of his assets and can be left to someone. This is a VESTED interest

Question 23

Determinable estate

Answer 23

Granting the land to someone until something happens (ie until they graduate)

Question 24

Conditional estate

Answer 24

Essentially you give absolute right while the condition is met.

Question 25

Contingent estates

Answer 25

You get it upon doing something; eg upon qualifying as a barrister.
If you die before getting it, it isnt part of your assets

Question 26

Can only be equitable

Answer 26

Dererminable and conditional estates, estates in remainder, restrictive covenants

Question 27

Baker and craggs

Answer 27

Grant of a legal easement

Creation of an easement isnt able a legal estate. to be over reached as a legal 3stat3.3mm

Question 28

Judicature Act 1873

Answer 28

Merged law and equity courts; courts can administer both sets of rules

Question 29

Trusts

Answer 29

Trustee buys and sells the banana. The trustee is just holding the skin (the public face; it’s in their name)

Question 30

Overreaching

Answer 30

Trustees hold a house in trust, they sell it and the trust interest is overreached: buyer doesn’t have to worry about holding the house in trust for the beneficiary.

Question 31

State bank v India v sood

Answer 31

Overreaching occurred. Beneficial