LAND LAW

Question 1

LAND?

Answer 1

buildings must be “permanent.” Land includes the ground, anything growing in or under the land, earth beneath the surface and permanent additions eg buildings.

Question 2

RIGHTS OF LAND

Answer 2

• occupation
• lease to others
• buy/sell
• use as security to borrow money

Question 3

DIMENSIONS OF LAND - PHYSICAL

Answer 3

aspects of land you can see + perceive. Possession is about the physical reality

Question 4

DIMENSIONS OF LAND - ABSTRACT

Answer 4

aspects of land you can’t see, rights over land, how long does your rights last? can it be sold/transferred?

Question 5

POSSESSION OF LAND

Answer 5

whoever is in possession of land is entitled to land

Question 6

OWNER

Answer 6

best title to land, freehold/leasehold title occupation, right to possession

Question 7

TYPES OF LAND - BELOW THE GROUND

Answer 7

all minerals contained in land; items buried

Question 8

TYPES OF LAND BELOW THE GROUND - ELWES V BRIGGS GAS CO

Answer 8

boat 6ft under

Question 9

TYPES OF LAND - BELOW THE GROUND EXCEPTION

Answer 9

“treasure trove” S1 TREASURE ACT 1996

Question 10

TYPES OF LAND - ON THE GROUND

Answer 10

landowner can lose claim if he acts in a way suggesting he’s given up control

Question 11

TYPES OF LAND - ON THE GROUND, PARKER V BRITISH AIRWAYS BOARD

Answer 11

gold bracelet in passenger lounge, its public area SO no claim.

Question 12

TYPES OF LAND - ABOVE THE GROUND

Answer 12

physical incursion into airspace over a persons land is capable of trespassing. KELSON V IMPERIAL TOBACCO CO
(subject to statutory restrictions eg S76 OF THE CIVIL AVIATION ACT 1982)

Question 13

TYPES OF LAND - WATER

Answer 13

can’t own free flowing water, riverbed is land. Individual may have right to USE water.

Question 14

WILD ANIMALS

Answer 14

don’t belong to anyone, landowner has permission to kill them them on his property. Landowner kills animal belongs to owner now.

Question 15

REAL PROPERTY

Answer 15

estates and interests in land

Question 16

PERSONAL PROPERTY

Answer 16

everything else

Question 17

CHATTELS REAL

Answer 17

leases

Question 18

CHATTELS PERSONAL

Answer 18

chose in possession (tangible property) or chose in action (intangible property)

Question 19

ESTATES

Answer 19

“the right to possession of land for a time”

Question 20

FREEHOLD ESTATE

Answer 20

right to possession of property forever

Question 21

LEASEHOLD ESTATE

Answer 21

possession to property for a defined time

Question 22

INTERESTS

Answer 22

“rights we are able to enjoy over the estate of another.” DONT equal a right to possession.

Question 23

S1(1) LPA 1925

Answer 23

limits number of legal estates to two

Question 24

S1(2) LPA 1925

Answer 24

limits number of legal interests to five

Question 25

LEGAL ESTATES - FREEHOLD

Answer 25

"fee simple" can use land forever and can leave it to whoever they wish in their will

Question 26

LEGAL ESTATES - LEASEHOLD

Answer 26

"term of years" tenant has right to possess the property for duration of the lease

Question 27

LEGAL INTERESTS

Answer 27

1) mortgage 2) easement 3) right of re-entry 4) rent charge 5) profit and prendre

Question 28

EQUITABLE ESTATES AND INTERESTS

Answer 28

1) beneficial interest under a trust 2) estate contracts 3) estoppel claims 4) restrictive covenants 5) family rights of occupation

Question 29

EQUITABLE INTERESTS

Answer 29

can attach to land , can't change legal position but can ensure different outcome is achieved.

Question 30

EQUITY

Answer 30

number of remedies, discretionary at courts approval

Question 31

UNREGISTERED LAND

Answer 31

describes land whose legal estate is not registered on a central register with the land enquiry. Only estates before 1.12.1990

Question 32

CATEGORIES OF THE LAND CHARGES ACT 1972

Answer 32

- any equitable rights that can be protected by registration has to fit inti a category otherwise its not protected. If its not protected, purchasers can ignore the interest and assert their legal rights

Question 33

CATEGORIES OF LAND CHARGES ACT 1972: CLASS C (1) S2(4) LCA 1972

Answer 33

Puisne Mortgage = mortgage which is not protected by deposit of deeds. This is the only legal interest that needs to be protected using a land charge

Question 34

CATEGORIES OF LAND CHARGES ACT 1972: CLASS C (IV) S2(4) LCA 1972

Answer 34

Estate Contracts = any contract to create or convey a legal estate, eg freehold

Question 35

CATEGORIES OF THE LAND CHARGES ACT 1972: CLASS D (II) S2(5) LCA 1972

Answer 35

Restrictive covenants = registered by the person who has benefit of covenant

Question 36

CATEGORIES OF THE LAND CHARGES ACT 1972: CLASS D (III) S2(5) LCA 1972

Answer 36

Equitable easement = an equitable easement might arise if not created by deed or if granted for an uncertain time period. This class is used for equitable profits

Question 37

CATEGORIES OF THE LAND CHARGES ACT 1972: CLASS F S2(7) LCA 1972

Answer 37

Spousal rights of occupation - family act 1996 provides rights of occupation for a husband or wife in respect of matrimonial home.

Question 39

THE REGISTER: REGISTER OF THE TITLE: THE PROPRIETORY REGISTER

Answer 39

tells you who you are buying from and on what terms

Question 40

THE CHARGES REGISTER

Answer 40

tells you all the negatives about the property

Question 41

THE PROPERTY REGISTER

Answer 41

tells you all the good stuff you are getting