Introduction to Land Law

Question 1

what is land in 2D?

Answer 1

Boundary disputes. Ad medium filum. Alluvion and diluvion.

Question 2

what is land in 3D?

Answer 2

the definition of land held in s.205 LPA 1925.

Question 3

what is a hereditament?

Answer 3

Originally a right capable if passing to an heir by way of inheritance.
s.205 ‘any real property which in an intestacy occurring before the commencement of this Act might have devolved upon an heir”
does not included personal property.

Question 4

What is corporeal hereditaments?

Answer 4

physical or tangible characteristics of land

Question 5

what is incorporeal hereditaments?

Answer 5

intangible rights or interests in land.
third party rights e.g., lease, mortgage, easement

Question 6

what does land include?

Answer 6

• surface of land
• above the surface
• below the surface (cuius est solum eius est usque ad coelum et ad inferos) (however in reality some of the substances are exceptions e.g., coal, oil.)
• stratification (different layers of land can be owned separately)
• buildings or parts of buildings (superficies solo cedit)
• fixtures or fittings (quicquid plantatur solo, solo cedit)

Question 7

What act described the definition of land in 3D?

Answer 7

s.62 LPA 1925

Question 8

what are third party rights of a purely financial character?

Answer 8

mortgages, charges, rentcharges.

Question 9

What are third party rights to purchase?

Answer 9

estate contracts, options.

Question 10

what are third party rights to use (servient) land?

Answer 10

easements, profits à prendre, covenants.

Question 11

what are third party rights arising informally?

Answer 11

proprietary estoppel, and some trusts.

Question 12

what is land in 4D?

Answer 12

Land through the perception of time

Question 13

what is land in 5D?

Answer 13

land through equity and common law.