Nature of Land

Question 1

What is the difference between a proprietary and a personal right in land?

Answer 1

Proprietary right: Enforceable in rem, allows recovery of land use/possession, enforceable against third parties

Personal right: Enforceable in personam, limited to damages, not enforceable against third parties

Question 2

Why is the distinction between proprietary and personal rights important?

Answer 2

It affects:

The remedy available (recovery vs damages)

Whether the right is enforceable against third parties (only proprietary rights are)

Question 3

What is meant by a third party in land law?

Answer 3

A third party is a new owner of the land burdened by a right.

Question 4

How can you determine whether a right is proprietary?

Answer 4

Is it on the fixed list of proprietary rights?

Does it satisfy substantive characteristics?

Was it created following the required formalities?

Has it been protected (e.g. via registration)?

Question 5

What rights are on the fixed list of proprietary rights?

Answer 5

Freehold estate

Leasehold estate

Easement

Mortgage

Restrictive covenant

Estate contract

Beneficial interest under a trust of land

Question 6

Can the same land use be either a proprietary or personal right?

Answer 6

Yes. E.g. parking a car in a neighbour’s garage could be an easement (proprietary) or a licence (personal), depending on how the right arose and whether it meets formal/legal requirements.

Question 7

What is an example of a personal right in land?

Answer 7

A guest staying at a guesthouse under a licence has a personal right enforceable only against the owner—not any future buyer.

Question 8

What is meant by an ‘estate’ in land law?

Answer 8

An estate is a proprietary right to possess land.

Question 9

What are the two recognised legal estates in land?

Answer 9

Freehold estate (fee simple absolute in possession)

Leasehold estate (term of years absolute) –

Question 10

What are the characteristics of a freehold estate?

Answer 10

Inheritable by any heir (simple)

Indefinite duration (absolute)

Present right to use (in possession)

Equivalent to land ownership in practice

Reverts to the Crown (bona vacantia) if owner dies intestate without heirs

Question 11

What is a leasehold estate?

Answer 11

A term of years absolute granted for a specific duration (e.g. 6 months, 99 years). Leaseholders can sub-let to create sub-leases.

Question 12

What is a reversion in land law?

Answer 12

The estate retained by the landlord after granting a lease, which reverts to them when the lease ends.

Question 13

Can multiple estates exist in the same land at once?

Answer 13

Yes. A piece of land may be simultaneously subject to a freehold, leasehold, and sub-leasehold.

Question 14

What is commonhold?

Answer 14

A type of freehold suitable for flats/apartments, created by the Commonhold and Leasehold Reform Act 2002. The common parts are owned and managed by a commonhold association.

Question 15

What is the difference between an estate and an interest in land?

Answer 15

Estate: Right of possession (freehold/leasehold)

Interest: Limited right to use/restrict land, without possession (e.g. easement, mortgage)

Question 16

limits which rights can be legal interests??

Answer 16

easements, legal mortgages, and rights of entry are the only interests capable of being legal.

Question 17

What are some examples of equitable interests in land?

Answer 17

Restrictive covenants

Estate contracts

Beneficial interests in a trust of land

Easements not granted for a fixed term

Question 18

What is a mortgage?

Answer 18

A legal interest granting a lender rights over land as security for a loan, including the right to sell the land on default.

Question 19

What is an easement?

Answer 19

A right to use land belonging to someone else (e.g. right of way). To be legal, it must be granted for a term equivalent to a lease or freehold

Question 20

What is a right of entry?

Answer 20

A legal interest that allows landlords to reclaim possession of leasehold premises upon default or other events

Question 21

What is a restrictive covenant?

Answer 21

An equitable interest that restricts how land can be used (e.g. no building, no alcohol sales). It binds successors if formalities are followed.

Question 22

What is an estate contract?

Answer 22

A contract to transfer or create a legal estate (e.g. sale, lease, option) that creates an equitable interest in land.

Question 23

What is an interest under a trust of land?

Answer 23

An equitable interest held by a beneficiary when land is held in trust. Trustees hold legal title; beneficiaries hold equitable title.

Question 24

What are the three key stages in transferring a freehold estate?

Answer 24

Exchange of contracts (optional but common)

Completion of the deed

Registration

Question 25

What are the requirements for a valid land contract?

Answer 25

Must be in writing Must contain all express terms Must be signed by both parties

Question 26

What are the requirements for a valid deed?

Answer 26

Must state it is intended to be a deed Must be validly executed (signed by the seller in presence of witness) Must be delivered (usually via dating)

Question 27

When does legal title pass in registered and unregistered land?

Answer 27

Registered land: On registration Unregistered land: On completion of the deed, but must be registered within 2 months

Question 28

What equitable interest arises from a valid land contract?

Answer 28

An estate contract—a proprietary right recognised in equity and is capable of specific performance.

Question 29

What are examples of estate contracts?

Answer 29

Sale contract Option agreement Right of pre-emption Agreement for lease

Question 30

Material Variation to land contract?

Answer 30

A material variation to a land contract (e.g. completion date) must comply with LP(MP)A 1989, s 2, or it will be void.

Question 31

Land Contract?

Answer 31

A land contract can create an equitable lease even if formal legal requirements are not met, based on the maxim “equity regards as done that which ought to be done.”

Question 32

What equitable remedies may be available for breach of a land contract?

Answer 32

Specific performance Injunction Both are discretionary and depend on equitable principles like coming with clean hands

Question 33

What are the three principles of the registered land system?

Answer 33

Mirror principle – the register reflects the title Curtain principle – equitable ownership hidden behind legal title Insurance principle – accuracy is state-guaranteed (compensation for errors)

Question 34

What are the three parts of a registered title?

Answer 34

Property register – description, estate type, rights benefiting the land Proprietorship register – owner, class of title, restrictions Charges register – burdens (e.g. leases, covenants, mortgages)

Question 35

What are overriding interests?

Answer 35

Rights not appearing on the register but still binding (e.g. short leases under 7 years)

Question 36

What are the key triggering events for first registration?

Answer 36

Sale Gift First legal mortgage Lease over 7 years Inheritance (assent)

Question 37

What is the statutory definition of land under LPA 1925?

Answer 37

Land includes: Surface, buildings, and parts of buildings Corporeal hereditaments (physical attachments) Incorporeal hereditaments (e.g. easements)

Question 38

What legal principle defines ownership of airspace and subsoil?

Answer 38

The Latin maxim: cuius est solum eius est usque ad coelum et ad inferos — one owns the land up to the sky and down to the centre of the earth.

Question 39

What is the legal status of the upper airspace?

Answer 39

Public; no trespass unless lower airspace is affected.

Question 40

What is the legal status of the lower airspace?

Answer 40

Private; overhanging objects like crane jibs can amount to trespass

Question 41

Who owns the subsoil beneath land?

Answer 41

The landowner, unless exceptions apply (e.g. gold and silver belong to the Crown; coal belongs to the Coal Authority)

Question 42

What is the legal issue regarding fixtures and chattels?

Answer 42

Whether an item becomes part of the land (fixture) or remains separate (chattel). This affects what passes with the land on sale or under a mortgage.

Question 43

What are the two tests to determine fixture vs chattel?

Answer 43

Degree of annexation – how firmly attached? Purpose of annexation – was it to improve land or merely use/enjoy the item?

Question 44

Which test prevails if there is a conflict?

Answer 44

The purpose test overrules the degree test.

Question 45

What are some examples of fixtures and chattels?

Answer 45

Fixtures: kitchen units, bathroom fittings, built-in wardrobes Chattels: curtains, carpets, freestanding appliances

Question 46

What is the significance of LPA 1925, s 62 regarding fixtures?

Answer 46

Fixtures pass automatically with land on sale unless excluded in the contract.