What section gives the definition of land in the Law of Property Act 1925?
Definition is in s205(1)(ix) LPA 1925- 'Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface...'
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What are Corporeal hereditaments?
any item of property, either a corporeal hereditament (such as land or a building) or an incorporeal hereditament (such as a rent or a right of way). an item of inheritance.
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What are incorporeal hereditaments?
any item of property, either a corporeal hereditament (such as land or a building) or an incorporeal hereditament (such as a rent or a right of way). an item of inheritance.
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What did Griffiths J in Bernstein of Leigh (Baron) V Skyviews and general say about land
"Cujus est solum, ejus est usque ad coelom et ad inferos"- the owner of the soil is presumed to own everything.
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what does "Quicquid plantatur solom solo credit" mean?
Whatever is attached to to the soil becomes part of it. Fixtures are part of land and must remain with it; chattels are not part of land and may be removed.
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What are the two tests to decide whether an item is a fixture or a chattel and give the case?
1) The method and degree of annexation; 2) The object and purpose of annexation - conclusive. Berkeley V Poulett.
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Who owns land?
a) All land in England and Wales is ultimately owned by the Crown. b) owning land is having the right to enjoy land for a period of time. the period is called the "estate" in land. c) An estate can be freehold or leasehold. - S1(1)(A)+(B) LPA 1925
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A leasehold is for a limited duration under which section of the LOPA 1925 does it say a " term of years"
Under 205(1) LOPA 1925
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what does the unregistered system say about proving title to land
a) it's a document based system. b) section 44 LPA 1925 provides that the seller need only produce title deeds proving ownership of the land for the last 15 years, culminating in the conveyance to the seller.
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How do you prove title to land in the registered system? 1
a) The law relating to the registration of titles was updated by the LRA 2002 which came into force on 13th October 2003 and repealed the Land Registration Act 1925 b) Register is computerised and open to the public.
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2
c) Buyer is shown an "official copy" of the entries on the register at the Land registry.
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Other cards in this set
Card 2
Front
What are Corporeal hereditaments?
Back
any item of property, either a corporeal hereditament (such as land or a building) or an incorporeal hereditament (such as a rent or a right of way). an item of inheritance.
Card 3
Front
What are incorporeal hereditaments?
Back
Card 4
Front
What did Griffiths J in Bernstein of Leigh (Baron) V Skyviews and general say about land
Back
Card 5
Front
what does "Quicquid plantatur solom solo credit" mean?
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