Nature And Principles

Question 1

Real Property

Answer 1

Generally property considered immoveable

Question 2

Personal Property

Answer 2

Anything which is not real property.

Question 3

Definition of Land

Answer 3

Land of any tenure - freehold or leasehold
Mines and minerals - however any coal, natural gas or oil beneath the land are deemed to be property of the Crown
Airspace - owner’s rights extend to such height as is necessary for the ordinary use and enjoyment of his land
Corporeal hereditaments - includes buildings but other tangible items such as plants, trees and flowers that are attached to it and form part of it. Animals can form part of the land but only if they are found dead on it. Wild animals do not. Any water that passes over or flows through is generally not considered part of it although owner may have rights to take from it.
Incorporeal hereditaments - anything which does not have physical form so rights of way etc.

Question 4

Fixtures

Answer 4

Considered to form part of the land and which will be transferred automatically when it is sold.

Question 5

Chattels

Answer 5

Personal possessions and will remain in possession of the own.

Question 6

Test for determining if item is fixture or chattel

Answer 6

• degree of annexation - if removal would mean destroying or causing significant damage then a fixture; and
• purpose of annexation - if there is intention it would be a permanent addition, then will be a fixture.

Question 7

Legal ownership

Answer 7

Formal and paper ownership - name on the title deeds and who has right to transfer or sell the land.

Question 8

Equitable ownership

Answer 8

Beneficial rights an individual or third party may have in the property, including the right to take money from it.

Question 9

Legal Interest

Answer 9

Easements and profits
Rentcharges
Charges by way of legal mortgage
Interests in land which arise by operation of statute
Rights of entry

Question 10

Creation or transfer of a legal estate or interest

Answer 10

In writing;
Clear on the face of it that it is a deed;
Signed;
Witnessed; and
Delivered.

Except for - short- term leases for three years or less and certain easements

Question 11

Creation or transfer of equitable interest

Answer 11

Mostly need to comply with s53(1) LPA and be in writing and signed.

Question 12

Failure to grant a legal estate or interest by deed

Answer 12

Will create an equitable interest.