Land Revision
Land
Revision
1
,Land Revision
Realty
2 types of property, realty and personalty (chattels).
Interests in land are generally realty, with the exception of leaseholds which are
personalty.
Land is defined in s.205 (1)(ix) Law of Property Act 1925 (LPA 1925)
Hereditament = something capable of being inherited
o Corporeal hereditament = physical/tangible
Earth surface
Buildings
Minerals
o Incorporeal hereditament = intangible
Easements
Rent
Covenants
Mortgage
Personalty
o Tangible objects (house)
o Intangible rights (allowing neighbour to use driveway)
o Leases
If arguing over realty, winning results in receiving property back/maintaining
ownership. If arguing over personalty, winning is resolved financially.
Purchase of a house
o Stage one = contract for sale. Includes terms you have agreed upon.
Exchange of contracts is not a legally binding agreement.
o Stage two = The document transferring legal title to land. Money is
exchanged and title transfers from the seller to the buyer.
Fixtures
Land includes any fixtures on it. This includes objects which as a matter of law are
affixed to the land and are thus considered part of the land itself. Would cover things
like buildings and greenhouses. Test to decide if something was a fixture or chattel
was decided in:
o Holland v Hodgson [1872]: Looms in a mill. They were attached to the floor
with nails, which could easily be removed. Held looms were fixtures,
introduced two tests:
Degree of annexation: How securely has it been affixed?
Purpose of annexation: Why was it affixed? Was the chattel attached
to the land to enable the object to be better enjoyed as a chattel, or
for the more convenient use of the land?
If the object is affixed it is assumed to be a fixture, but this
presumption is rebuttable by showing that this was not the purpose
of annexation.
2
,Land Revision
o Leigh v Taylor [1902]: valuable tapestries nailed to the walls. First test
suggests fixture as they were firmly attached, but second test shows they
were only affixed in order to enjoy the tapestries, thus were chattels.
o D’Eyncourt v Gregory [1866]: Statues and garden seats which could easily be
moved were still considered to be fixtures. There was only a slight degree of
annexation, suggesting they were chattels, but as they were part of an
architectural design for the land and were there for permanent improvement
of the land, they were held to be fixtures.
o Purpose of annexation is always the decisive question
Elitestone Ltd v Morris [1997]: Wooden house on stilts in garden was a
fixture even though it wasn’t affixed, as it could only be removed
through demolition.
The question of whether something is a fixture or chattel is important as the seller
must leave for the benefit of the buyer all fixtures attached to the land at the time
of the contract for sale.
Tenure and estate
Tenure = condition
Estate = duration
2 fundamental doctrines of law of realty.
o The doctrine of tenures: all land is held by the crown in one or another of the
various tenures
o The doctrine of estates: land held in tenure is also held for an estate (some
period of time)
All land in England and Wales is owned by the crown. Subjects of the crown can hold
estate in the land (a right for a period of time to possess and enjoy the land, and
receive any rents/profits it may produce). The subject holds his estate directly or
indirectly of the crown on certain conditions (some type of tenure). Since 1925 all
freehold land in England and Wales is said to be held directly of the crown in socage
tenure.
Estates
o S.1(1) LPA 1925: Since 1st Jan 1926, the only estates in land which are capable
of subsisting or of being conveyed or created at law are
An estate in fee simple absolute in possession (freehold)
A term of years absolute (leasehold)
o Freehold:
Possession includes receipts of rents and profits of the land, or the
right to receive the same if any – s.205(1)(XIX) LPA 1925.
Effectively owning the land, which you may then rent out as a
leasehold, but you still maintain an estate in fee simple absolute in
possession. The land is considered realty.
o Leasehold:
Relationship of landlord and tenant
When a leasehold is created, it is always for a fixed period, or for a
period that can be made certain by a notice to quit.
A lease is considered personalty.
3
, Land Revision
S.205 LPA 1925: ‘term of years’ effectively means any period having
fixed and certain duration. Can include renting ‘for X years’, ‘for a
yearly tenancy’ and ‘for a weekly tenancy’.
S.1(5) LPA 1925: It is possible to have concurrent legal estates; one or
more leasehold estates may be carved out of the freehold estate.
Creation of legal and equitable rights in land
Rights in land fall into two categories. Estates or interests.
o A person with an estate in land has ownership of that land; a right to use,
enjoy and dispose of the land. Estates are either freehold or leasehold.
o A person with an interest in land has a right against land owned by another
person. There are many types of interest in land, e.g. easements, profits, or
restrictive covenants.
Every property right (regardless if estate or interest) will either be legal or equitable.
o This is determined by assessing what kind of right it is, and how it has been
created.
o Only certain property rights can ever be legal, but any property right is
capable of being equitable. Since 1875, equitable rights can be enforced in
all courts instead of just the Court of Chancery, as since Judicature Acts 1873
and 1875, all courts recognise both legal and equitable rights. Legal rights do
however behave differently from equitable rights when land is sold.
Test for legal property rights
o Two stages, if the answer to both questions is yes, the right will be legal.
1) Is the right listed in s.1(1) or (2) LPA 1925?
This provides that only certain rights can ever be legal and lists
those rights. (1) lists the 2 types of estate which can be legal,
and (2) lists the 5 types of interest which can be legal.
S.1(3) LPA 1925 states that if the right does not fall within
either of these lists, it cannot be a legal property right, and can
only be equitable.
2) Has the right been created or transferred by deed?
S.52(1) LPA 1925: Provides that a deed is required to create or
transfer a legal property right.
S.1 Law of Property (Miscellaneous Provisions) Act 1989
(LP(MP)A 1989): To be a deed the document must be clear on
its face that it is intended to be a deed, and be validly
executed (signed, witnessed and delivered)
Test for equitable property rights
o Equitable property rights still require certain formalities. To assess which
formality is necessary, ask: why has the right failed to be legal? Which stage
of the legal test did it fail at?
If the right failed because it was not listed in s.1(1) or (2) LPA 1925,
the formality that is required for it to become an equitable right is
that there must be a signed written document (S.53(1) LPA 1925).
Unless the right is an implied trust (S.53(2) LPA 1925).
4
Land
Revision
1
,Land Revision
Realty
2 types of property, realty and personalty (chattels).
Interests in land are generally realty, with the exception of leaseholds which are
personalty.
Land is defined in s.205 (1)(ix) Law of Property Act 1925 (LPA 1925)
Hereditament = something capable of being inherited
o Corporeal hereditament = physical/tangible
Earth surface
Buildings
Minerals
o Incorporeal hereditament = intangible
Easements
Rent
Covenants
Mortgage
Personalty
o Tangible objects (house)
o Intangible rights (allowing neighbour to use driveway)
o Leases
If arguing over realty, winning results in receiving property back/maintaining
ownership. If arguing over personalty, winning is resolved financially.
Purchase of a house
o Stage one = contract for sale. Includes terms you have agreed upon.
Exchange of contracts is not a legally binding agreement.
o Stage two = The document transferring legal title to land. Money is
exchanged and title transfers from the seller to the buyer.
Fixtures
Land includes any fixtures on it. This includes objects which as a matter of law are
affixed to the land and are thus considered part of the land itself. Would cover things
like buildings and greenhouses. Test to decide if something was a fixture or chattel
was decided in:
o Holland v Hodgson [1872]: Looms in a mill. They were attached to the floor
with nails, which could easily be removed. Held looms were fixtures,
introduced two tests:
Degree of annexation: How securely has it been affixed?
Purpose of annexation: Why was it affixed? Was the chattel attached
to the land to enable the object to be better enjoyed as a chattel, or
for the more convenient use of the land?
If the object is affixed it is assumed to be a fixture, but this
presumption is rebuttable by showing that this was not the purpose
of annexation.
2
,Land Revision
o Leigh v Taylor [1902]: valuable tapestries nailed to the walls. First test
suggests fixture as they were firmly attached, but second test shows they
were only affixed in order to enjoy the tapestries, thus were chattels.
o D’Eyncourt v Gregory [1866]: Statues and garden seats which could easily be
moved were still considered to be fixtures. There was only a slight degree of
annexation, suggesting they were chattels, but as they were part of an
architectural design for the land and were there for permanent improvement
of the land, they were held to be fixtures.
o Purpose of annexation is always the decisive question
Elitestone Ltd v Morris [1997]: Wooden house on stilts in garden was a
fixture even though it wasn’t affixed, as it could only be removed
through demolition.
The question of whether something is a fixture or chattel is important as the seller
must leave for the benefit of the buyer all fixtures attached to the land at the time
of the contract for sale.
Tenure and estate
Tenure = condition
Estate = duration
2 fundamental doctrines of law of realty.
o The doctrine of tenures: all land is held by the crown in one or another of the
various tenures
o The doctrine of estates: land held in tenure is also held for an estate (some
period of time)
All land in England and Wales is owned by the crown. Subjects of the crown can hold
estate in the land (a right for a period of time to possess and enjoy the land, and
receive any rents/profits it may produce). The subject holds his estate directly or
indirectly of the crown on certain conditions (some type of tenure). Since 1925 all
freehold land in England and Wales is said to be held directly of the crown in socage
tenure.
Estates
o S.1(1) LPA 1925: Since 1st Jan 1926, the only estates in land which are capable
of subsisting or of being conveyed or created at law are
An estate in fee simple absolute in possession (freehold)
A term of years absolute (leasehold)
o Freehold:
Possession includes receipts of rents and profits of the land, or the
right to receive the same if any – s.205(1)(XIX) LPA 1925.
Effectively owning the land, which you may then rent out as a
leasehold, but you still maintain an estate in fee simple absolute in
possession. The land is considered realty.
o Leasehold:
Relationship of landlord and tenant
When a leasehold is created, it is always for a fixed period, or for a
period that can be made certain by a notice to quit.
A lease is considered personalty.
3
, Land Revision
S.205 LPA 1925: ‘term of years’ effectively means any period having
fixed and certain duration. Can include renting ‘for X years’, ‘for a
yearly tenancy’ and ‘for a weekly tenancy’.
S.1(5) LPA 1925: It is possible to have concurrent legal estates; one or
more leasehold estates may be carved out of the freehold estate.
Creation of legal and equitable rights in land
Rights in land fall into two categories. Estates or interests.
o A person with an estate in land has ownership of that land; a right to use,
enjoy and dispose of the land. Estates are either freehold or leasehold.
o A person with an interest in land has a right against land owned by another
person. There are many types of interest in land, e.g. easements, profits, or
restrictive covenants.
Every property right (regardless if estate or interest) will either be legal or equitable.
o This is determined by assessing what kind of right it is, and how it has been
created.
o Only certain property rights can ever be legal, but any property right is
capable of being equitable. Since 1875, equitable rights can be enforced in
all courts instead of just the Court of Chancery, as since Judicature Acts 1873
and 1875, all courts recognise both legal and equitable rights. Legal rights do
however behave differently from equitable rights when land is sold.
Test for legal property rights
o Two stages, if the answer to both questions is yes, the right will be legal.
1) Is the right listed in s.1(1) or (2) LPA 1925?
This provides that only certain rights can ever be legal and lists
those rights. (1) lists the 2 types of estate which can be legal,
and (2) lists the 5 types of interest which can be legal.
S.1(3) LPA 1925 states that if the right does not fall within
either of these lists, it cannot be a legal property right, and can
only be equitable.
2) Has the right been created or transferred by deed?
S.52(1) LPA 1925: Provides that a deed is required to create or
transfer a legal property right.
S.1 Law of Property (Miscellaneous Provisions) Act 1989
(LP(MP)A 1989): To be a deed the document must be clear on
its face that it is intended to be a deed, and be validly
executed (signed, witnessed and delivered)
Test for equitable property rights
o Equitable property rights still require certain formalities. To assess which
formality is necessary, ask: why has the right failed to be legal? Which stage
of the legal test did it fail at?
If the right failed because it was not listed in s.1(1) or (2) LPA 1925,
the formality that is required for it to become an equitable right is
that there must be a signed written document (S.53(1) LPA 1925).
Unless the right is an implied trust (S.53(2) LPA 1925).
4
