Topic 1 Flashcards
What is real property?
It is the physical land that cannot be just moved.
What is personal property?
Anything else attached to the land that can be quickly moved.
What Act defines “Land”?
Law of Property Act 1925
What are the two types of airspace in law?
The lower stratum and the higher stratum
What is the lower stratum?
The area immediately above the land meaning the landowner has effective control over it.
It is no more than 500-1000 feet above roof level.
What is the higher stratum?
the airspace that exists above the height reasonably necessary for the ordinary use and enjoyment of land.
What rights to subterranean space do land owners have?
they own the strata beneath it, including any minerals found there, unless by law it is owned by another.
When do subterranean rights end?
When it becomes so absurd to even argue over the space.
What is the exception to the ownership of subterranean space?
Section 43 of the Infrastructure Act.
This gives automatic underground access rights to “deep level land” to gas and oil developers.
Does land include trees, plants and flowers?
Yes
What is the general rule over water ownership?
Without a license granted by the water authority no complete ownership will ever be granted.
What is a fixture?
Something that is not always a part of the land, but due to law has become a part of the land.
When is it important to know if something is a fixture?
If land is contracted to sell, fixtures cannot be removed.
If property is mortgaged, then it extends to all fixtures.
If a property is leased, items that are fixtures become a part of the land and pass to the landlord with the lease termination.
What is an agricultural fixture?
when a tenancy is held in agriculture.
What is a trade fixture?
things used to complete elements of trading.
Examples “:
engines for collieries.
Petrol pumps at a garage.
What are the three views of when a fixture must be removed?
- Before the lease comes to an end.
- ‘during such further period of possession by the tenant whilst they hold the premises’
- Within a reasonable time, following the expiry of the tenancy.
How do you determine an item a fixture?
- The degree of annexation test
- The purpose of annexation test.
What is the degree of annexation test?
If an object has been physically attached to the land, it is more likely to be classified a fixture.
Something that rests merely upon its own weight will not be regarded a fixture.
What is the purpose of annexation test?
Was the installation of the object intended to:
- facilitate the use and enjoyment of the object
- permanently improve the land.
What case defined the difference between a fixture and chattel?
Elitestone Ltd v Morris [1997]
- they are treated as an integral part of the land, not just personal property.
What are personal rights?
Can ONLY be enforced by the parties to the agreement or contract.
What are proprietary rights?
These are personal to the parties to the agreement, but are also capable of binding a third party not just the parties in the contract.
What are the two types of estate in land?
- An estate in fee simple absolute possession [freehold]
- A term of years absolute [leasehold]
What does a fee simple absolute possession mean?
- it means that the owner of the land has the lawful right to carry out every act of ownership over the land which can enter into the imagination .
What is a term of absolute?
A lease.
What is a lease?
- A grant of the right to exclusive possession of land for a determinable term less than that of the grantor.
What is an interest in land?
the general rights which a person can enjoy over land that is owned by another.
What are the main categories of interest in land?
- Charges by way of a mortgage.
- Rentcharges.
- Options to purchase land.
- The rights to pre-emption
- Beneficial interests under a trust.
- the right to re-entry in a lease.
What are the two rights given in law to landowners?
Equitable and legal.
What are the traditional equitable interests in land?
- the interest of a beneficiary under a trust.
- the interest arising under a contract which relates to a legal estate.
- restrictive covenants- a promise contained within a deed.
How can interests become equitable from statutory reform?
