Land Law – Revision Exam Questions
and Already Solved Solutions.
Corporeal hereditaments - Answer Tangible things on the surface of the land e.g. buildings
and plants. Includes things below the land (mines) & the air above the land to the extent it can
reasonably be used
Incorporeal hereditaments - Answer Intangible things such as rights, easements and rents
Fixture - Answer An object affixed or annexed to land or a building in such a way that it
becomes part of the land or building. Ownership passes automatically on sale of land.
Fitting - Answer An object on land which does not become part of the land which remains a
separate chattel. Doesn't pass automatically on sale of land; only passes if listed in the Fittings
and Contents form in a contract for the sale of land.
Form or fittings: Two tests - Answer (1) Degree of annexation test and (2) purpose of
annexation test
Degree of annexation test - Answer The greater the degree of attachment to the land, the
more likely the item is to be a fixture (e.g. if removal will cause damage to the structure)
Purpose of annexation test - Answer Whether the owner intended to make it a permanent
part of the land, such as a statute which is the focal point of the architectural design of the
garden
Legal estates in land (2) - Answer (1) Freehold estate (fee simple) - estate of uncertain
duration and (2) Leasehold estate (term of years) - estate of a fixed maximum duration
Formality for creation of a legal interest in land - Answer Must be created by deed - to be
valid deed, a document must be:
(1) in writing
(2) clearly intended to serve as a deed
(3) signed in the presence of a witness; and
(4) delivered (act signifying that the document is meant to be effective)
Failure of the above formalities, may create an equitable interest in land (provided that there is
a written contract per the Law of Property (Miscellaneous Provisions) Act 1989)
, Legal interests in land (5) - Answer (1) Mortgage
(2) Easement
(3) Rentcharge
(4) Profits a prendre (appurtenant or in gross)
(5) Right of entry
Mortgage - Answer An interest that secures a loan by giving the mortgagee (lender) the right
to sell the mortgaged property if the mortgagor (borrower) defaults on the loan - legal interest
can only be created by deed.
On registered land - legal mortgage must be completed by registration (after which it has
priority over competing interests unless protected on the register or are overriding interests).
Equitable mortagages protected by placing a notice or restriction on the property's register of
title.
On unregistered land - first legal mortage protected by deposit of title deeds w/ mortgagee. 2nd
legal mortagage protected by registration of a c(i) land charge. Equitable mortgage protected by
registration of a c(iii) land charge.
Easement - Answer A right to use another person's land (the servient tenement) to benefit
another piece of land (the dominant tenement). Legal easement must be created by deed & can
be for a fixed period or an unlimited one.
Registered land: The benefit of a legal easement appears as a notice on the property register of
the dominant tenement & burden appears as a notice on the charges register of the servient
tenement
Unregistered land: Equitable easement must be registered as a D(iii) land charge to constitute
notice.
Rentcharge - Answer A rentcharge is an interest in land requiring the landowner to make a
periodic payment in respect of land to the rentcharge owner (usually a former owner of the
land)
Profits a prendre - Answer A profit a prendre is an interest in land enabling someone to take
something from the land of another (e.g. timber or fish). Can be appurtenant or in gross.
and Already Solved Solutions.
Corporeal hereditaments - Answer Tangible things on the surface of the land e.g. buildings
and plants. Includes things below the land (mines) & the air above the land to the extent it can
reasonably be used
Incorporeal hereditaments - Answer Intangible things such as rights, easements and rents
Fixture - Answer An object affixed or annexed to land or a building in such a way that it
becomes part of the land or building. Ownership passes automatically on sale of land.
Fitting - Answer An object on land which does not become part of the land which remains a
separate chattel. Doesn't pass automatically on sale of land; only passes if listed in the Fittings
and Contents form in a contract for the sale of land.
Form or fittings: Two tests - Answer (1) Degree of annexation test and (2) purpose of
annexation test
Degree of annexation test - Answer The greater the degree of attachment to the land, the
more likely the item is to be a fixture (e.g. if removal will cause damage to the structure)
Purpose of annexation test - Answer Whether the owner intended to make it a permanent
part of the land, such as a statute which is the focal point of the architectural design of the
garden
Legal estates in land (2) - Answer (1) Freehold estate (fee simple) - estate of uncertain
duration and (2) Leasehold estate (term of years) - estate of a fixed maximum duration
Formality for creation of a legal interest in land - Answer Must be created by deed - to be
valid deed, a document must be:
(1) in writing
(2) clearly intended to serve as a deed
(3) signed in the presence of a witness; and
(4) delivered (act signifying that the document is meant to be effective)
Failure of the above formalities, may create an equitable interest in land (provided that there is
a written contract per the Law of Property (Miscellaneous Provisions) Act 1989)
, Legal interests in land (5) - Answer (1) Mortgage
(2) Easement
(3) Rentcharge
(4) Profits a prendre (appurtenant or in gross)
(5) Right of entry
Mortgage - Answer An interest that secures a loan by giving the mortgagee (lender) the right
to sell the mortgaged property if the mortgagor (borrower) defaults on the loan - legal interest
can only be created by deed.
On registered land - legal mortgage must be completed by registration (after which it has
priority over competing interests unless protected on the register or are overriding interests).
Equitable mortagages protected by placing a notice or restriction on the property's register of
title.
On unregistered land - first legal mortage protected by deposit of title deeds w/ mortgagee. 2nd
legal mortagage protected by registration of a c(i) land charge. Equitable mortgage protected by
registration of a c(iii) land charge.
Easement - Answer A right to use another person's land (the servient tenement) to benefit
another piece of land (the dominant tenement). Legal easement must be created by deed & can
be for a fixed period or an unlimited one.
Registered land: The benefit of a legal easement appears as a notice on the property register of
the dominant tenement & burden appears as a notice on the charges register of the servient
tenement
Unregistered land: Equitable easement must be registered as a D(iii) land charge to constitute
notice.
Rentcharge - Answer A rentcharge is an interest in land requiring the landowner to make a
periodic payment in respect of land to the rentcharge owner (usually a former owner of the
land)
Profits a prendre - Answer A profit a prendre is an interest in land enabling someone to take
something from the land of another (e.g. timber or fish). Can be appurtenant or in gross.
