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GDL Land Law Basics Exam With Correct Answers
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GDL Land Law Basics Exam With Correct AnswersEstates in Land - ANSWER Freehold and Leasehold
S1(1)(a) LPA 1925 - ANSWER Freehold - few simple in possession
S1(1)(b) LPA 1925 - ANSWER Leasehold - term of years absolute
Interests in land - ANSWER Easements and profits
Restrictive covenants
Mortgages
Contracts or options to buy or rights of pre-emption
Interests under a trust or by estoppel
S1(2) LPA 1925 - ANSWER Lists legal interests
S1(3) LPA 1925 - ANSWER Other interests that are only recognised by equity
LPA 1925 s205(1)(ix) - ANSWER What is included in ownership of land
Grigsby v Melville - ANSWER The Court of Appeal held that the cellar was owned by the
plaintiff and based their reasoning partly on the fundamental principle that a
, conveyance of land ordinarily carries with it all that is beneath the surface.
Lower Airspace - ANSWER If a structure, such as a crane or a washing line, overhangs
your property, that is a trespass regardless of whether damage is caused to your
property.
Kelsen v Imperial Tobacco Co - ANSWER An advertising sign erected by the defendant
projected into the airspace above the plaintiff's shop by a few inches. The court granted
a mandatory (positive) injunction requiring the defendant to remove the sign.
Lemmon v Webb [1895] - ANSWER A neighbouring owner is entitled, without prior
notice, to lop off overhanging branches that intrude into their airspace. However, they
are not entitled to go onto the neighbour's land to do this, unless it is an emergency.
They must lop the branches off from their own land.
Ellis v Loftus Iron Co (1874) - ANSUM A horse putting its head across a dividing fence
constituted a trespass over the neighbour's property.
Bernstein of Leigh (Baron) v Skyviews and General Ltd - ANSUM The court held that the
defendant had not committed trespass. He was flying many hundreds of feet above the
ground and did not interfere with any use to which the plaintiff might put the land.
Lakes - ANSWER The sub-soil under the water belongs to the owner of the land in which
a lake stands.
Rivers - ANSWER The bed of a river belongs to the owner of the land through which the
river passes. Where it forms a boundary between two plots there is a presumption that
each owner is the owner of the bed up to the middle line.
Wild Animals - ANSWER Wild animals cannot be the subject of absolute ownership. The
landowner does, however, have the right to hunt and catch wild animals on the land
(subject to any relevant animal protection legislation) and on death, or capture they
become the personal property of the landowner irrespective of who caught or killed the
animal.
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