Nature Of Land

Question 1

What does the definition of ‘land’ include?

Answer 1

The definition of ‘land’ includes physical land, buildings and fixtures (corporeal hereditaments), and rights over the land (incorporeal hereditaments).

Law of Property Act 1925 (LPA 1925)

Question 2

What are corporeal hereditaments?

Answer 2

Corporeal hereditaments are the physical and tangible characteristics of land that are capable of being inherited, including the surface of the land, buildings, mines, minerals, trees, plants, rocks, air above the land, ground below the land, and fixtures.

Question 3

What are incorporeal hereditaments?

Answer 3

Incorporeal hereditaments are intangibles capable of being inherited, including rights, easements, and rents.

Question 4

What is the significance of manor and advowson in land law?

Answer 4

Manor and advowson reflect the feudal nature of land law development and have limited modern application, illustrating the evolution from feudal relationships to a focus on registered titles and proprietary interests.

Question 5

What rights does a landowner have over airspace?

Answer 5

Theoretically, ‘land’ extends to the heavens, but in practice, rights in airspace are limited to what is necessary for the ordinary use and enjoyment of the land. A landowner cannot object to aircraft passage during normal flight hours.

Question 6

What limitations exist regarding ownership of minerals under the land?

Answer 6

A freehold owner is not entitled to all minerals under the land; ownership of coal, oil, and natural gas is governed by statute, with interests in coal vested in the Coal Authority.

Question 7

Do landowners own wild animals on their land?

Answer 7

No, a landowner does not own wild animals on their land but can hunt them.

Question 8

What happens to objects found on land?

Answer 8

An object found on land is not considered abandoned by the true owner, and if the true owner cannot be located, the object’s fate depends on its classification as ‘treasure’ or not.

Question 9

What is the distinction between real and personal property?

Answer 9

Real property is land or an interest in land and is immovable, while personal property is everything that is not land, divided into movable items (chattels) and intangible rights (choses in action).

Question 10

What are the main use classes in the planning system?

Answer 10

Main use classes include Class E (shops, offices, gyms), Class C3 (residential housing), and Class B2 (general industrial use).

Question 11

What are sui generis uses?

Answer 11

Sui generis uses are types of property that do not fit into any standard category and require specific planning permission to change use.

Question 12

What is the importance of the distinction between fixtures and chattels?

Answer 12

Fixtures are part of the land and transfer with ownership, while chattels do not form part of the land and do not transfer with ownership.

Question 13

What are the two tests to determine if something is a fixture?

Answer 13

The two tests are the degree of annexation test and the purpose of annexation test.

Question 14

What is tenure in land law?

Answer 14

Tenure refers to the way land is held, historically rooted in the feudal system, with the current form being free and common socage (freehold).

Question 15

What are the two legal estates in land in England and Wales?

Answer 15

The two legal estates are freehold (indefinite duration) and leasehold (fixed duration).

Question 16

What is a freehold estate?

Answer 16

A freehold estate is an estate in fee simple absolute in possession, capable of being inherited and lasting indefinitely.

Question 17

What is a leasehold estate?

Answer 17

A leasehold estate is an estate in land where the tenant has exclusive possession for a fixed period, created from a superior interest.

Question 18

What is a lease?

Answer 18

A lease is a grant of exclusive possession of land for a fixed period, unlike a freehold estate, which can last forever.

Question 19

How is a lease created?

Answer 19

A lease is created out of a superior interest, such as a freehold or longer lease.

Question 20

What does exclusive possession mean?

Answer 20

Exclusive possession means the tenant can control the land and exclude everyone from it, including the landlord.

Question 21

What is ‘a term of years’ as defined in s205(1) LPA 1925?

Answer 21

‘A term of years’ includes a term for less than a year, for a year or years, or from year to year.

Question 22

What are the two types of leases?

Answer 22

The two types of leases are fixed term and periodic.

Question 23

What is a fixed term lease?

Answer 23

A fixed term lease can be for any period, provided the maximum duration is certain, such as one day or 999 years.

Question 24

What is a periodic lease?

Answer 24

A periodic lease is for a fixed period that extends automatically until terminated by notice.

Question 25

What is commonhold?

Answer 25

Commonhold is a form of freehold ownership introduced in 2002, allowing ownership of individual units in a building or estate.

Question 26

What are third-party rights?

Answer 26

Third-party rights are rights over land belonging to another party that may limit the landowner's use.

Question 27

What are legal interests?

Answer 27

Legal interests are rights recognized by law.

Question 28

What are equitable interests?

Answer 28

Equitable interests are rights recognized only by equity.

Question 29

What are the five legal interests in land specified in LPA 1925?

Answer 29

The five legal interests are mortgages, easements, rentcharges, profits a prendre, and rights of entry.

Question 30

What is a mortgage?

Answer 30

A mortgage is an agreement to use land to secure an obligation, typically a loan.

Question 31

What is an easement?

Answer 31

An easement is a right existing over one piece of land for the benefit of another piece of land.

Question 32

What is a rentcharge?

Answer 32

A rentcharge is an interest requiring the landowner to make periodic payments to the rent charge owner.

Question 33

What are profits a prendre?

Answer 33

Profits a prendre entitle someone to take something from the land of another, such as timber or fish.

Question 34

What are rights of entry?

Answer 34

Rights of entry include a landlord’s right to forfeit a lease or a rentcharge owner’s right to reclaim land.

Question 35

What is required to create or transfer a legal estate or interest?

Answer 35

A deed is required to create or transfer a legal estate or interest in land.

Question 36

What are the requirements for a valid deed?

Answer 36

A valid deed must be in writing, intended as a deed, and validly executed.

Question 37

What is a licence?

Answer 37

A licence is a personal right that does not create an interest in land and can be revoked at any time.

Question 38

What are matrimonial home rights?

Answer 38

Matrimonial home rights allow a non-owning spouse or civil partner to occupy the matrimonial home under the Family Law Act 1996.

Question 39

What distinguishes legal interests from equitable interests?

Answer 39

Legal interests bind all third parties, whereas equitable interests bind only those who are not bona fide purchasers for value without notice.

Question 40

What is the traditional deed used in the unregistered conveyancing system?

Answer 40

It is the conveyance used to transfer an interest in unregistered land. ## Footnote It is still possible to use a conveyance although this is very rare in practice.

Question 41

What is usually required for the creation of a legal easement?

Answer 41

The formality of a deed is usually required; however, certain easements do not require this formality.

Question 42

What are the two distinct stages of many property transactions?

Answer 42

Stage 1: Investigation of title leading up to exchange of contracts. Stage 2: Completion when the legal estate is created or transferred.

Question 43

What must all contracts for the creation or transfer of rights in land comply with?

Answer 43

They must comply with s2 LPMPA 1989 in order to be valid.

Question 44

What are the requirements for a valid contract under s2 LPMPA 1989?

Answer 44

The contract must be in writing, incorporate all expressly agreed terms in one document, and be signed by or on behalf of all parties.

Question 45

What transactions require compliance with s2 LPMPA 1989?

Answer 45

Examples include the sale of a freehold or lease, the grant of a lease, the creation of an option, and the creation of an easement.

Question 46

What happens once contracts are exchanged?

Answer 46

The buyer has an equitable interest in the land (an estate contract).

Question 47

How can equitable property rights be created?

Answer 47

They can be created by several methods, including granting an estate or interest that exists only in equity, or by contract.

Question 48

What is required for certain equitable rights that have no legal equivalents?

Answer 48

They must be created by a signed written document (s53(1) LPA 1925).

Question 49

Can a person grant a greater interest than they possess?

Answer 49

No, a person cannot grant a greater interest than they possess.

Question 50

What is required for a valid contract to create or transfer a legal estate?

Answer 50

A valid contract complying with s2 LPMPA 1989 is required, and the remedy of specific performance must be available.

Question 51

What is the doctrine established in Walsh v Lonsdale (1882)?

Answer 51

It states that a contract to create or transfer a legal property right will create an equivalent equitable property right if the claimant has clean hands.

Question 52

What happens if a legal estate is attempted to be granted but fails to use a valid deed?

Answer 52

The court may find a contract so that the transaction does not fail entirely.

Question 53

What is required for equitable property rights to arise when failing to use a valid deed?

Answer 53

There must be a contract complying with s2 LPMPA 1989 and clean hands.

Question 54

What is required to create an express trust?

Answer 54

An express trust must be created by a signed written document (s53(1) LPA 1925).

Question 55

Do implied trusts need to be created in writing?

Answer 55

No, implied trusts do not need to be created in writing or signed; they arise without any formality.