Unit 1.1

Question 1

Define Fixture

Answer 1

Item that is treated as a part of the land to which it is attached

Question 2

Define Chattel

Answer 2

Moveable items of property such as furniture

Question 3

What are the two tests for determining whether something is a fixture or chattel?

Answer 3

Degree of annexation

Purpose of annexation

Question 4

Which of the two tests for determining whether something is a F or C is more significant ?

Answer 4

Purpose of annexation

Will either strengthen or override a presumption that comes about as a result of the first test

Question 5

What case gives us the two tests for F/C?

Answer 5

Berkely v Poulett

Question 6

D’Enycourt v Gregory

Answer 6

Freestanding items were considered fixtures as they were a part of the architecture

Question 7

Leigh v Taylor

Answer 7

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

Question 8

Elitestone v Morris and another

Answer 8

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)

Question 9

Botham v TSB plc

Answer 9

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

Question 10

Define covenant

Answer 10

A promise contained in a deed i.e. how to use the land

Question 11

Define restrictive covenant

Answer 11

A promise contained in a deed not to do something i.e. not build a shed

Question 12

Define Easement

Answer 12

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

Question 13

What makes an easement equitable/ legal

Answer 13

Legal- FSAIP (unlimited amount of time) or TOYA (a determined amount of time)

Equitable- unspecified period of time

Question 14

Define estate contract

Answer 14

A contract to convey or create a legal estate including an option to purchase

Question 15

Define interest affecting a registered estate

Answer 15

An interest that is neither an unregistered interest which overrides a registered disposition nor a registrable or registered disposition

Question 16

Define overreaching

Answer 16

The transfer of rights under a trust from land to the proceeds of sale of land

Question 17

Define registrable disposition

Answer 17

A disposition of registered land which must be completed by registration in order to take full effect. For a list see s27 LRA 2002

Question 18

Third party rights capable of being legal

Answer 18

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

Question 19

Third party rights not capable of being legal?

Answer 19

Restrictive covenants
Estate contracts
- options
Beneficial interests 
Trusts 
FLA (s1(3) LPA 1925)

Question 20

What are the formalities required for legal rights to be validly created?

Answer 20

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

Question 21

What are the formalities required for statutory rights to be validly created?

Answer 21

s30 Family Law Act 1996

• Be married/ civil partnership
• Home must be/ have been/ will be matrimonial home

Question 22

What are the formalities required for equitable rights to be validly created?

Answer 22

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

Question 23

Define Land

Answer 23

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’

Question 24

What did the Bernstein case do?

Answer 24

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

Question 25

What is the doctrine of tenure?

Answer 25

Concerns the way in which land is held

Theoretically since 1066 all land has been owned by the crown

Question 26

What is the concept of an estate?

Answer 26

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)

Question 27

Distinguish between a lease and a licence

Answer 27

A lease is for a set term and grants exclusive possession

Question 28

If someone is wanting to claim a FLA third party right, what else are they also likely to want to claim

Answer 28

Implied trust through contributions towards purchase price/ mortgage

Question 29

What does Family Law Act 1996 do?

Answer 29

Gives non-owning spouses home rights

Right to occupation of matrimonial home extends to sam sex couples registered under Civil Partnership Act 2004