Land
Key concepts:
1. Registered and unregistered land
2. Freehold and leasehold estates, and legal and equitable interests in land
3. Landlord and tenant
4. Co-ownership
Unregistered land = title passes on completion Registered land = title passes on registration
Property
1. Real property - land
a. Corporeal hereditaments - tangible - land, mines, ress, air, surface, ground, fixtures
- Airspace limited to what is Rnecessary for enjoyment
- Ground - Crown entitled to any gold/treasure
- Must have license to draw water
- Can hunt animals but not own them
- Building limited to planning control
b. Incorporeal hereditaments - intangible - rights, easements, rent
2. Personal property
a. Chattels real - leasehold interests
b. Chattels personal
i. Choses in action - rights, debts, patents
ii. Choses in possession - movable items - car, fridge, ipad
What passes with land?
Fixture Fitting
Objects attached to land so they become part of it and Not part of land - just chattels
pass on sale of land
Do not automatically pass on sale unless expressly
Ex. mines, minerals, buildings, tress mentioned in K - otherwise seller entitled to take
Seller to include Fittings and Contents Form in txn
Fixtures test:
1. Degree of Annexation - attached to land other than by its own weight - will it dmg land to remove? Yes,
fxtr
2. Purpose of Annexation - why was item brought onto land - is it part of permanent improvement or part
of architectural design? Yes, fxtr
Ex. bolted, altered land, poured concrete → fixture
Ex. Freestanding greenhouse → fitting
1
, Valid Contract Valid Deed
1. Writing for sale for land 1. Writing
2. Signed 2. Intention for deed
3. Elements of K - offer, acc, capacity, 3. Executed as deed - signed, witnessed, delivered
consideration, intention
K for sale of land = written K
Conveyance/transfer document of land = deed
All transfers must be by deed - gift, mortgages, conveyance
Legal Estates 1. Freehold - Fee simple absolute in possession - inherited by
2. Leasehold anyone for forever enjoyment
3. Commonhold - Term of years absolute - any period of fixed, certain
duration
Legal Interests 1. Mortgage - By deed
2. Easement - Bind all parties
MERRP 3. Rentcharge
4. Right of entry
5. Profit a prendre
Equitable interests 1. Equitable mortgages - Attempt to create legal interest but deed formalities
2. Restrictive covenants defective - still need writing + signature
3. Positive covenants - Do parties think they have valid interest and act
4. Estate contracts accordingly
- Only bind BPFVw/oN
Concurrent Interests - buyer’s sol must investigate
- Mortgage - first legal M triggers First Regxn
- Easement - pass over, under, thru
- Rentcharge - landowner must make periodic payments (to developer or former owner for upkeep)
- Right of entry - in leases and annexed rentcharges
- Profit a prendre - take something from another’s land - fish, minerals
1. PP in Gross - independent, can sell alone, can register
2. PP in Appurtenant - attached, so sold with land, cannot register
- Equitable mortgages
- Covenants
- Restrictive covenants - not do - may enforce against new buyer
- Positive covenants - act - maybe not enf against new buyer
- Estate contracts - sale of land K, enf in equity
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