1. LAND- Nature of Land

What is Land?

Corporeal hereditaments and incorporeal hereditaments

What are corporeal hereditaments?

physical and tangible characteristics of land that are capable of being inherited (eg. trees, buildings and fixtures)

Does airspace count as a corporeal hereditament?

Yes- only up to the necessary height for ordinary use and enjoyment. (i.e. not allowed to complain about planes)

Does subsoil count as a corporeal hereditament?

Yes EXCEPT treasure, coal and deep level infrastructure (below 300m)

What are incorporeal hereditaments?

intangible e.g. rights, easements, and rents

Does a landowner own wild animals on their land?

No but can hunt them

What is the distinction between real property and personal property?

Real property is land or an interest in land (immovable), while personal property is everything that is not land.

What are the 2 types of personal property?

1. Choses in possession

2. Choses in action

What are 'choses in posession'?

Moveable items known as chattels or fittings

What are 'choses in action'?

Intangible rights e.g. debts, stocks, shares and patents

What are the two tests used to determine whether an item is a fixture or a chattel?

The degree of annexation test and the purpose of annexation test.

If something is resting on its own weight what is it presumed to be?

Chattel

If something is used to enhance the land/building (like a statue) what is it presumed to be?

Fixture

What does the owner of a legal estate have a right to do?

Possess, use and control the property and will appear on the proprietorship register

What is the maximum number of persons who can hold a legal estate in land?

A maximum of four persons of full age and mental capacity.

What rights does the holder of a beneficial interest have?

Economic benefit of the property, right to live in the property, and right to a share of rental income.

What are the conditions to be holder of a beneficial interest?

There are none but they are not on the legal title

What are the two main estates in land outlined in the LPA 1925?

Freehold ('Fee simple absolute in possession') and Leasehold ('a terms of years absolute').

What are the 5 legal interests specified in the LPA 1925?

Mortgages, easements, rent charges, profits à prendre, and rights of entry.

What section are the 5 legal interests found in?

s 52 of the LPA 1925

What is a Rent Charge?

an interest in land that requires the landowner to make a periodic payment in respect of the land to the rent-charge owner.

What is a Profits à Prendre?

an interest in land entitling someone to take something from the land of another e.g. rights to take timber or fish from

What are some examples of equitable interests?

Freehold covenants, equitable mortgages, easements for an uncertain term, home right, estate contract

What is a home right?

right of a non-owning spouse or civil partner to occupy the matrimonial or civil partnership home

What is an estate contract?

An agreement to create/transfer a legal estate creates an equitable interest

How is land sold? (legal estates)

1. Contract - Must be in writing, include all agreed terms, and be signed by the contracting parties (or someone authorised to sign)

2. Deed (s 52 LPA)

3. Registration

What are the formalities for creating the legal interests?

Need a Deed

What are the requirements for a deed?

1. In writing

2. Intended to be a deed

3. Validly executed

In order for a deed to be validly executed what needs to happen?

1. Signature

2. Attestation- individual must sign in the presence of a witness who is PHYSICALLY PRESENT.

3. Delivery- document must be delivered as a deed

What are the exceptions for a deed not being required to transfer an interest in land?

1. an assent which must be in writing but need not be executed as a deed

2. Short lease exception

What is the short lease exception?

a lease for a term of not more than 3 years at the best rent available.

What are the ways that an equitable interest is created?

1. Express trust

2. An attempt to make a legal interest has failed

3. By implication (e.g. person has contributed to purchase price)

4. By declaration