Land Law (UK)
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - Answer-Flying a plane over land in order to take aerial photographs did not amount to a trespass of that land. An owner of an estate in land has rights that extend only as far as the lower airspace above the physic...
Land Law (UK)
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - Answer-Flying a plane over land in
order to take aerial photographs did not amount to a trespass of that land. An owner of an estate in land
has rights that extend only as far as the lower airspace above the physical surface area of the land
necessary for the ordinary use and enjoyment of that land.
Botham v TSB Bank pic [1997] 73 P&CRD 1 - Answer-The plaintiff owned a flat which was mortgaged.
When he fell into arrears with the mortgage repayments, the bank sought possession and sold the
property. A question arose as to whether some of the contents of the flat were fixtures, and thus part of
the security for the debt. In deciding the issue of whether an item is a fixture or chattel, look beyond the
two key tests of degree and purpose of annexation (as discussed above). Factors: Object physical
attachment; purpose of any attachment; part of the overall design of the building?; moveability; lifespan;
damage of removal; installer.
D'Eyncourt v Gregory (1866) LR 3 Eq 382 - Answer-Despite being free-standing, marble statues of lions,
garden seats, and ornaments were held to be fixtures, and thus part of the land. Where evidence is
produced that objects have been positioned so as to improve the overall architectural design of a
property, those objects may become fixtures, even where there is no degree of annexation.
Leigh v Taylor [1902] AC 157 - Answer-Tapestries attached to a wall of a building were held to be
chattels. Although physical attachment of an object to the land might suggest that object has become a
fixture, this may not be the case where such attachment is purely so that the object can be enjoyed.
Parker v British Airways Board [1982] QB 1004 - Answer-The plaintiff, a passenger at Heathrow airport,
found a gold bracelet on the floor of the executive lounge. He handed it in to an employee of the
defendant requesting it be returned to him should no-one claim the item. No-one claimed the bracelet but
the defendant sold it and retained the proceeds. It was held that the plaintiff was entitled to damages. The
rights of the finder of an object found on the surface of the ground, can only be displaced by the owner of
the land where the object was found if the latter manifested an intention to control the land and items
found on it.
Waverley BC v Fletcher [1996] QB 334 - Answer-The defendant, lawfully in a public park, unlawfully used
a metal detector to detect a gold brooch buried in the ground. It was held that the council's rights to the
brooch were superior to the finder's. Where an object is found in or attached to land, the owner of that
land has better title to that object than the finder.
Legal interests - Answer-s 1(2) LPA 1925 - (a) an easement, right, or privilege either perpetual or for a
term of years absolute.; (b) a rentcharge in possession issuing out of or charged on land either perpetual
or for a term of years absolute; (c) a charge by way of a legal mortgage; (d) ... any other similar charge on
land which is not created by an instrument; (e) rights of entry.
The formalities - Answer-S 1 LP(MP)A 1989 The document must be(CSWD): clearly a deed; signed by
the grantor(with appropriate powers, or agent with 2 witnesses); witnessed; and delivered.
Registering with registered land - Answer-Must be registered, where the interest is being created over
registered land. Where: an easement, legal charge or a rentcharge or right of entry is being expressly
granted/reserved,
Equitable interests Include: - Answer-Failed attempts to grant legal interests - Equity views as done that
which ought to be done (ie contract should be performed), an equitable interest arises. and Agreements
to grant interests in land
, Interests that can only ever be equitable - Answer-Non-legal, only equitable status: including life estates,
restrictive covenants , and beneficial interests behind a trust.
Equitable interests - Answer-Equitable interests would only bind a person if he was not a bona fide
purchaser of a legal estate for value without notice. To be a purchaser: 1. acting bona fide ie in good faith;
2. a purchaser ie someone acquiring the land through the act of another rather than automatically through
an operation of law. (E.g. trustees in bankruptcy and adverse possessors); 3. for value ie providing some
sort of consideration for the land; of a legal estate. - a legal freehold/leasehold estate or a mortgage (s 87
LPA 1925); without notice of the interest. A purchaser will be deemed to have notice of an interest if:
actual or constructive notice by making reasonable enquiries and inspections, including title and property
(Kingsnorth Trust Ltd v Tizard [1986]).
Coatsworth v Johnson (1885) 55 LJQB 220 - Answer-Claimant sought specific performance of an
agreement for a lease which was declined since the claimant was himself in breach of one of the
covenants in the lease to which the agreement related. A court will not exercise its discretion and grant
specific performance in favour of a claimant who himself has acted unconscionably and not come to the
court with clean hands.
Kingsnorth Trust Ltd v Tizard [1986] 1 WLR 783 - Answer-Mr Tizard sought to obtain a mortgage over a
house which was in his sole name. In his mortgage application form he stated he was single but when the
mortgagee's surveyor went to inspect the property, his true status as married but separated became
known. No enquiries were made about any rights his wife might have in the house and consequently the
surveyor and mortgagee were deemed to have notice of the wife's beneficial interest in the property.
Where it is reasonable to expect a purchaser to make further enquiries about any rights a person may
have in the land being purchased, failure to do so will give the purchaser notice of any such rights.
Wilkes v Spooner [1911] 2 KB 473 - Answer-A purchaser of a legal estate took free from an existing
equitable interest over the land as he was a bona fide purchaser for value of a legal estate without notice.
His successor also took free from the equitable interest despite having notice of it. Once an equitable
interest has been destroyed by virtue of a transfer of the land over which it exists, to a purchaser acting in
good faith with no notice of its existence, that equitable interest cannot be revived upon a subsequent
transfer of the land.
Registration: - Answer-Unregistered land becomes registered by applying or upon sale of the freehold,
the grant over seven years, first mortgage. Failing to register transfer of freehold, or leasehold over seven
years unexpired in a timely manner means, title to the legal estate will revert to the transferor, who will
hold it on bare trust for the transferee.
The Land Registration Act 2002(repealed LRA 1925) Principles: - Answer-Mirror principle - the register
should be an accurate reflection of who owns the land and it's third party interests. 'overriding interests'
are binding on a purchaser of registered land despite not being entered on the register. Curtain principle -
purchasers are not required to look behind the register. This particularly relates to trust property and the
overreaching process by which a purchaser can take land free from any beneficial trust interests.
The register: - Answer-1. The Property Register; 2. The Proprietorship Register: names the registered
proprietor, restrictions 3. The Charges Register: this contains notices relating to any interests that burden
the land, for example restrictive covenants, mortgages etc (discussed below).
Substantively registered: - Answer-Some estates and interests are ' substantively registered' so that they
acquire their own title number and file. These are: freehold estate; leasehold estate over 7 years; a
rentcharge (the Rentcharges Act 1977 prevents the creation of new rentcharges); a franchise; and a profit
a prendre in gross
Other titles: - Answer-possessory title - registration is based upon possession of the land, typically as an
adverse possessor. The registrar merely guarantees title for dealings post first registration; or qualified
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