Week 2 Ownership of Land Flashcards
Who owns all the land in England and Wales
The Crown
How is land defined?
The soil, the rocks beneath, the air above – only as far as is necessary for the enjoyment of the land.
LRA 2002 states buildings and other structures on the land, land covered with water and mines and minerals.
Note that air above is only for freeholders.
What are the legal estates in land?
There are two legal estates:
- Freehold (fee simple absolute in
possession) - Leasehold (term of years absolute).
What is Commonhold?
Sub-set of freehold – applies to areas of joint ownership such a foyers and stairs in blocks of flats.
What is a Licence?
A grant of temporary rights of
occupation.
What is Adverse Possession?
Third party right that can, under the right conditions, dispossess the paper title holder.
What are the four legal interest in land?
- Legal mortgage
- Easements
- Rentcharge
- Rights of Entry
What are Easements?
Third party rights over land – the benefit belongs to the dominant tenement and the burden to the servient tenement.
What is a Rentcharge?
A periodic payment, not arising from a lease or a
mortgage.
What is a Legal Mortgage?
A loan secured against the land – available in both
estates and created by deed.
Covenants always run with the
land. True or false?
False.
Why don’t covenants always run with the land?
Generally, the burden of a freehold covenant does not run with the land (after Austerberry v. Oldham Corporation).
Restrictive freehold covenants can run with the land. Leasehold covenants run with the land.
The Land Registration Act 1925
states that all land in England
and Wales must be registered. True or false?
True. Compulsory registration has applied since 1990.
What is the difference between
fixtures and chattels?
Fixtures are part of the land, chattels are not.
What case determined the two tests for
deciding whether an item is a fixture or a chattel?
fixture or a chattel
Holland v. Hodgson
What case states that an interest in land is
needed to support a claim. True
or false?
Elitestone v Morris
Name two of the tests for
determining whether an item is a
fixture or a chattel
The degree of annexation
The object of the annexation.
Land is owned from the heights
of the heavens to the depths of
hell. True or false?
False – only the air as needed for quiet enjoyment of the land.
Which case sets the limits of land
ownership?
Bernstein of Leigh v. Skyviews
What test arises from Botham v.
TSB Bank plc?
Fixtures or chattels – the reason for the annexation is as important as the degree of annexation.
