Introduction to Land Law
What are the features of land as property? - Answer-Immoveable, real property (realty), freeholds
What are the features of chattels as property? - Answer-Moveable, personal property (personalty), chattels and intangibles
What type of property are leaseholds? - An...
What are the features of land as property? - Answer-Immoveable, real property (realty), freeholds
What are the features of chattels as property? - Answer-Moveable, personal property (personalty),
chattels and intangibles
What type of property are leaseholds? - Answer-'Chattels real'
s205(1)(ix) Law of Property Act 1925 defined what? - Answer-"Definition of land includes any land, 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"
Which section/statute defined "land"? - Answer-s205(1)(ix) Law of Property Act 1925
Case which refined ownership of airspace? - Answer-Bernstein v. Skyviews and General Ltd. (1978)
Claim of trespass for aerial photography rejected -- vertical ownership only as much as necessary for
reasonable enjoyment of the land.
What is a corporeal hereditaments? - Answer-The land and what is attached to the land e.g. ground,
building, trees etc.
What is an incorporeal hereditament? - Answer-A right over the land e.g. easements and profits
What is a hereditament? - Answer-Something which can be inherited by an heir
What is the distinction between a fitting and a fixture? - Answer-A fixture has a degree of permanence
and it part of the land
Which case defined the key feature in established fitting or fixture? - Answer-Botham v. TSB Bank (1997)
Key factor is the purpose of ANNEXATION
What is the remedy for removal of fixtures in sale of land? INCLUDING CASE - Answer-Phillips v. Lamdin
(1949)
Specific performance i.e. NOT damages
When was conversion of tenures to freeholds completed and under what Act? - Answer-1st January 1926
What is an 'estate'? - Answer-The amount of time land is 'owned'
What is the length of a freehold estate? - Answer-Uncertain
What is the length of a leasehold estate? - Answer-A certain duration -- fixed term or from defined periods
e.g. 2013 to 2016
Under what statute were 'commonholds' prescribed? - Answer-Commonhold and Leasehold Reform Act
2002
What is a commonhold estate? - Answer-A new freehold tenure for blocks of flats (horizontally divided) --
intended to solved the problem of imposing burdens on other freeholders.
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