Unit 1.1 Flashcards
Define Fixture
Item that is treated as a part of the land to which it is attached
Define Chattel
Moveable items of property such as furniture
What are the two tests for determining whether something is a fixture or chattel?
Degree of annexation
Purpose of annexation
Which of the two tests for determining whether something is a F or C is more significant ?
Purpose of annexation
Will either strengthen or override a presumption that comes about as a result of the first test
What case gives us the two tests for F/C?
Berkely v Poulett
D’Enycourt v Gregory
Freestanding items were considered fixtures as they were a part of the architecture
Leigh v Taylor
Tapestries stretched and tacked to walls never lost their characteristic as a chattel as that was the only way they could be fixed in order to be enjoyed as chattels
Elitestone v Morris and another
House of Lords adopted a common sense approach, a house constructed in such a way that could not be removed without being destroyed was not a chattel
(someone tried to argue that a bungalow was a chattel as it rested on top of concrete)
Botham v TSB plc
Fitted carpets and curtains were not fixtures so couldn’t be repossessed
- White goods of standard size/ standard holes/ standard fixing weren’t fixtures
- Kitchen units were fixtures
- Light fittings- chattels
- Gas fires attached only by gas pipe- chattel
Define covenant
A promise contained in a deed i.e. how to use the land
Define restrictive covenant
A promise contained in a deed not to do something i.e. not build a shed
Define Easement
A right enjoyed over land for the benefit of other land e.g. a right of way, a right of drainage, a right of light
Such a right may be legal or equitable
What makes an easement equitable/ legal
Legal- FSAIP (unlimited amount of time) or TOYA (a determined amount of time)
Equitable- unspecified period of time
Define estate contract
A contract to convey or create a legal estate including an option to purchase
Define interest affecting a registered estate
An interest that is neither an unregistered interest which overrides a registered disposition nor a registrable or registered disposition
Define overreaching
The transfer of rights under a trust from land to the proceeds of sale of land
Define registrable disposition
A disposition of registered land which must be completed by registration in order to take full effect. For a list see s27 LRA 2002
Third party rights capable of being legal
s1(a) LPA 1925- estate in fee simple absolute in possession
s1(b) LPA 1925- term of years absolute
s1(2)(a) LPA 1925- an easement, right, or privilege over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute
s1(2)(c) LPA 1925- a charge by way of legal mortgage
Third party rights not capable of being legal?
Restrictive covenants Estate contracts - options Beneficial interests Trusts FLA (s1(3) LPA 1925)
What are the formalities required for legal rights to be validly created?
Legal easement- s52(1) deed
Legal lease- s52(1) deed (signed, witnessed and delivered as a deed and say it is a deed s1 LP(MP)A) EXCEPTION- parol lease - not exceeded three years - in possession - at market rent - without a fine
What are the formalities required for statutory rights to be validly created?
s30 Family Law Act 1996
- Be married/ civil partnership
- Home must be/ have been/ will be matrimonial home
What are the formalities required for equitable rights to be validly created?
Restrictive covenant- s53(1)(a) LPA signed and in writing
Equitable lease (type of estate contract)- s2 LP(MP)A signed in writing and contains all of the terms
Equitable easement- s53(1)(a) LPA signed and in writing
Estate contracts- s2 LP(MP)A signed in writing and contains all the agreed terms
Trusts- 53(1)(b) LPA express trust in writing
- Implied trusts have no formalities s53(2) LPA
Define Land
s205(1)(ix) Law of Property Act 1925
o Land itself, all buildings and mines and minerals
o List isn’t exhaustive- once said ‘extends upwards to infinity and downwards to the centre of the earth’
What did the Bernstein case do?
Capped the ‘extends upwards’ definition of land
Landowner’s claim to airspace restricted to a height necessary for him to enjoy land/ structures in an ordinary way
What is the doctrine of tenure?
Concerns the way in which land is held
Theoretically since 1066 all land has been owned by the crown
What is the concept of an estate?
Person owns a period in time rather than land
There are only two estates recognised in law today
- freehold s1(1)(a)
- leasehold s(1)(b)
Distinguish between a lease and a licence
A lease is for a set term and grants exclusive possession
If someone is wanting to claim a FLA third party right, what else are they also likely to want to claim
Implied trust through contributions towards purchase price/ mortgage
What does Family Law Act 1996 do?
Gives non-owning spouses home rights
Right to occupation of matrimonial home extends to sam sex couples registered under Civil Partnership Act 2004
