Land law - topic 1

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  • Created by: ksett
  • Created on: 23-04-14 12:17
What are the two types of property?
Land and chattels. Land refers to immoveable property or realty, chattel refers to personalty which is moveable property.
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What category can leaseholds be put into?
Chattels real
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What does s.205(1)(xi) LPA 1925 give us?
A definition of land. Land includes land of any tenure, mines, minerals, buildings or parts of buildings divided horizontally vertically… or other corporeal hereditament… also an easement, right or privilege in/over/derived from land.
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What are corporeal hereditaments?
ground, buildings, trees etc and airspace – lower and, to extent of reasonable possible use by landowner, higher airspace
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What are incorporeal hereditaments?
Things such as easements or profit a prendre. S.62 (1) LPA – ‘a conveyance… shall… include buildings, erections, fixtures, commons, hedges, ditches…’
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What is annexation?
When an item ceases to be chattel as it is fixed to the ground. This means that it becomes a fixture and passes to a new owner with the house on transfer.
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What happened in Leigh v Taylor [1902]?
It was decided that tapestries in a property were fittings and not fixtures. They were fitted for enjoyment and their removal did not damage the property.
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What happened in Philips v Lamdin [1949]?
An ornate door was found to be a fixture. Rather than paying the damages the defendant was made to replace the door (specific performance).
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What happened in Botham v TSB Bank [1997]?
B appealed against the decision that 109 items were fixtures rather than fittings. Appeal allowed in part. Kitchen and bathroom appliances were held to be fixtures due to their purpose and necessity but the rest did not have enough degree or purpose.
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What is tenure?
A mode of holding land.
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What is an estate?
'A slice of time.'
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What is a freehold estate?
When there is an uncertain duration of time regarding the estate.
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What is a leasehold estate?
When there is a definite period of time regarding the estate e.g. for 4 years
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What is good about a commonhold?
Commonhold and Leasehold Reform Act 2002 – for new freehold tenure for blocks of flats (horizontally divided). It intended to solve the problem of imposing burdens on other freeholders.
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What is a life estate?
Last for the life of the person - it cannot be inherited.
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What is a fee tail (entail) estate?
Fee means it can be inherited, tail limits it to descendants. It can be further limited by e.g. limiting it to male or female descendants. No new entails can be created post 1996 (Trust of Land and Appointment of Trustees Act 1996 sch 1, para 5)
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What is a fee simple estate?
Fee means that the estate can pass by inheritance but it can also be sold. Simple means that the estate is not limited (like a fee tail) so it can be passed to anyone. No special words are required to create a fee simple – s.60 LPA 1925 and s.28 Will
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What are the three different types of fee simple and which is most common?
1. Fee simple absolute 2. Determinable fee simple 3. Conditional fee simple. 1 is most common.
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What is the difference between a determinable fee simple and a conditional fee simple?
Determinable means the estate come to an end when an event triggers it to and conditional means that it ends if a condition is breached.
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What is a fee simple absolute?
The estate last forever and is not limited in any way.
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What are the 3 things someone with a fee simple absolute in possession can do?
1. Occupy/enjoy the land. This includes the exclusion of e.g. squatters. 2. Enjoy the land himself or enjoy the profit renting it out. 3. Not allowed to possess if in reversion/remainder.
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What is a fee simple in reversion?
The grantor grants a grantee a life interest. During the grantee’s life the grantor has a fee simple in reversion. When the grantee dies, due to the fact that they have a life interest, the interest reverts back to the grantor.
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What is a fee simple in remainder?
the grantor grants a life interest to a grantee and a remainder to another party. When the grantee dies the property subsequently transfers to the party with the fee simple in remainder. It is a right in itself so can be sold/given away.
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Card 2

Front

What category can leaseholds be put into?

Back

Chattels real

Card 3

Front

What does s.205(1)(xi) LPA 1925 give us?

Back

Preview of the front of card 3

Card 4

Front

What are corporeal hereditaments?

Back

Preview of the front of card 4

Card 5

Front

What are incorporeal hereditaments?

Back

Preview of the front of card 5
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