The Nature of Land Flashcards
What is the difference between chattels and fixtures?
Chattels = not fixed to the land.
Fixtures = fixed to the land. Unmoveable.
What 2 tests can be used to decide if something is a chattel or a fixture?
- Degree of annexation test: how hard is it to remove? Harder to remove = a fixture
- The purpose test: does the item permanently improve the value of the land? If yes, then this means it is a fixture.
What is an estate in land?
Ownership in land, basically.
There are 2 types of ownership:
1. Freehold
- Leasehold - sits over a freehold
What is an interest in land?
A right someone has over another’s land.
What are the 2 types of interest in land?
Legal and equitable.
Legal interest; must be made by deed. Proprietary rights
Equitable interest: must be made by contract for land. Not binding on a new party.
What are personal and proprietary rights when it comes to land?
Proprietary right = things like easements. These are rights made that will bind any new purchasers of the land.
Personal rights = contractual rights made via contract and this will not affect new purchasers of the land. Only binds the contemporary freehold owner.
What are the requirements for a valid deed?
It must state that it is a deed.
Signed by a witness.
Deed delivered and dated.
What are equitable interests?
Beneficiaries.
Unregistered legal easements - no deed and so it is a failed legal interest and then it becomes an equitable interest, such as an easement instead.
Freehold covenants.
What is required to create an equitable interest?
A contract
What should an equitable interest in land contract include?
Must be in writing.
Must include all the terms.
Must be signed by the parties.
