The meaning of "land" Flashcards
Only the fee simple absolute in possession and the term of years absolute are capable of being legal estates
(s1(1) LPA 1925)
The other estates take effect as equitable interests behind a trust of land
(s1(3) LPA 1925)
If a beneficial interest under a trust of land has not been overreached by payments of the sale proceeds to two trustees or a trust corporation, whether that beneficial interest is binding on a purchaser depends on notice
Kingsnorth Trust v Tizard
Whether certain residual interests in unregistered land – e.g. proprietary estoppel rights bind a third party depends on notice
E R Ives Investments v High
Equitys Darling
Bona fide purchaser of a legal estate for value without notice of the equitable interest
Actual notice
Actually known e.g. on the title
Constructive notice
Things that ought to be known
Imputed notice
Things that an agent either knew or ought to have known
Case supporting the degree of annexation
Holland v Hodgson
Case supporting the purpose of annexation
Leigh v Taylor
A chalet bungalow resting on its own weight qualified as a fixture since it could not be removed without causing the destruction of the bungalow
Elitestone v Morris
Modern case supporting the degree of annexation
Botham v TSB Bank