Nature of Land Flashcards
(19 cards)
What is the central principle of land law?
That land should not be unnecessarily burdened.
What is an estate in land?
The right to enjoy, possess, control and dispose of it and receive any income produced from the land.
What is an interest in land?
A right against land owned by another person.
What does the statutory definition of land include?
Tenure, mines and minerals beneath the property, corporeal hereditaments, incorporeal hereditaments, Buildings and parts of buildings.
What is the significance of fixtures and chattels?
Fixtures are included within the definition of land, whereas chattels retain their characteristic as personal property.
Degree of Annexation
If the object cannot be removed without causing significant damage to the land, it is a fixture.
Purpose of Annexation
If the object was attached to the land to enhance the land or to create a permanent improvement then it is a fixture. If the object was attached to the land for the better enjoyment of the object then it retains its characteristic as a chattel.
Items being part of the overall architectural design are fixtures.
When will a right be legal?
If it appears in ss.1(1) or 1(2) LPA 1925 and meets the necessary formalities.
What are the two types of estate in land?
Freehold and Leasehold
What are the two types of leases?
A fixed-term lease and a periodic lease which extends itself automatically until either the landlord or tenant terminates the lease by notice.
What are the interests in land capable of being legal?
Easements and profits for a fixed duration, perpetual or fixed duration rentcharges, mortgages, interest which arise by operation of statute and a right of entry.
What are the interests in land capable of being equitable?
All rights are capable of being equitable but some are equitable by nature. These include, a beneficial interest under a trust, a restrictive covenant, options to buy a freehold estate, easements for life and an estate contract.
What is a statutory home right?
This is a statutory right of occupation of the matrimonial home for a non-owning spouse or civil partner. Non-owning means not holding the legal estate.
What is a licence?
A licence is a personal right and does not create an interest in land. This means that licences are binding only between the original parties and would not bind a successor in title. A licence can be revoked at any time.
What are the formalities for the creation or transfer of a legal estate or interest?
A deed is required and that deed must be in writing, clear on its face that it is a deed, signed, witnessed (by one witness) and delivered.
Exceptions to the formalities rule?
Certain short-term leases require no formalities for creation. These are called parol leases and can be created orally. In order to be legal, such leases must be for three years or less, must take effect in possession, must be for market rent and the landlord must not charge a fine or premium.
Formalities of contracts for the creation or transfer of rights in land.
The contract must comply with s.2 LPMPA 1989, therefore it must be in writing, must incorporate all the expressly agreed term in one document, and be signed by or on behalf of all parties. Any variation to a contract must also comply with these requirements.
How can equitable property rights be created?
By grant of an estate or interest which can only exist in equity by a signed written document.
By grant of an estate or interest by a person who owns only an equitable right via a signed written document.
By contract to create or transfer a legal estate or interest which will create an equivalent equitable right if the contract complies with s.2 LPMPA 1989 and the transferee comes with clean hands.
By trying to grant a legal estate or interest but failing to use a valid deed, provided there is a valid contract.
By express trust created by signed written document.
Implied trusts (which do not need t be created in writing or signed).
Approach to analysing a fact pattern
Step 1: Identify the Interest
Step 2: Is the interest capable of being legal or is it equitable by nature.
Step 3: Have the correct formalities been used?
Step 4: Is the interest legal, equitable or statutory?
