1. Land
    1. Definition
      1. Bernstein of Leigh v Skyviews (1977): Landowners claim to airspace is restricted to such height as is necessary for him to enjoy in an ordinary way the land that he owns and the structures are placed upon
      2. Manor house, Land, Stable block, Garage, Coal, Fishing rights, manor, Right of way
    2. Distinction Fixtures v Chattels
      1. Fixtures are part of the land to which it is attached and cannot be removed!
        1. Exceptions:
          1. Check sales agreement, as what are items classified! Contract prevails!
          2. If tenant has affixed the object, he has the right to remove "tenant's fixtures" (trade, agricultural or ornamental).
      2. Chattels is an item of moveable property
      3. Two tests to identify whether an object has ceased to be a chattel and become a fixture:
        1. Method and degree of annexation
        2. Object and purpose of the annexation
      4. Cases
        1. D'Eyncourt v Gregory
          1. Pictures that are hung within panelled walls or part of the overall architectural design of the room: may be fixtures
          2. If statute forms part of architectural design and it is not capable of being removed without causing damage: fixture!
        2. Elitestone:
          1. House and garage are part and parcel of the realty
          2. Greenhouse and garden shed: depends how they are constructed; if capable of being easily dismantled and moved, then they are chattels!
        3. Botham:
          1. Carpets and curtains will be chattels and not included in the sale
          2. White goods will usually be classed as chattels
          3. Cooker: Depending how it is fixed. if freestanding and connected only by a flex it will be chattel. if it is a split level cooker with the hob set into work surface and the oven being part of kitchen cabinet, it will be a fixture!
          4. Gas fire: Depending how it is connected; if it is merely standing by its own weight and is only connected to the building by a gas pipe, then it is NOT fixture as the connection is only necessary to enable it to be used.
          5. light fittings when easy to remove are likely to be chattels
        4. Leigh v Taylor
          1. Pictures are hung merely to display them: chattels!
        5. Berkley v Poulett
  2. Estate
    1. Legal Estates
      1. Freehold
        1. LPA 1925 1 (1) (a)
        2. In fee simple absolute possession
          1. fee simple:capable of being inherited and passed to any class of heir
          2. absolute: not determinable or conditional on any event
          3. possession: entitlement to possession is now
      2. Leasehold
        1. LPA 1925 1 (1) (b)
        2. term of years absolute
          1. limited duration
          2. has exclusive possession
    2. Identification of third party right/ interest
      1. Third party = non- owner
      2. proprietary intererest: capable of binding successive owners of land
        1. Interest/ right
          1. legal estate (see above) LPA 1925 1 (1)
          2. Third party interests/ rights LPA1925 1 (2)
          3. LPA1925 1 (2) (a)
          4. easement, right or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute
          5. easement: a right that is attached to one piece of land ans imposes a corresponding burden on another piece of land
          6. LPA1925 1 (2) (b)
          7. a charge by way of legal mortgage
          8. mortgage: is an interest in land given as security for a loan
          9. LPA1925 1 (3)
          10. if an estate or interest does not fall within 1(1) or 1(2) LPA 1925 it can only take effect in Equity!
          11. rights of beneficiaries under a trust
          12. an equitable interest in land where no trust is involved
          13. restrictive covenants
          14. promisees made by one party (covenator) in fabour of the other party (covenantee) that the covenator will not use his land in a particular way
          15. estate contracts
          16. is a contract to create or convey a legal estate in the land.
          17. the buyer has an equitable interest which is immediate, when:
          18. when selling a property, after exchange of contracts and until completion of the purchase
          19. estate contract with the option to buy a property
          20. if formal requirement of the legal document transferring the right is not satisfied, then maybe if formal requirements for estate contract is satisfied an equitable interest exists
          21. by virtue of statute
          22. Family Law Act 1996 s 30
          23. Home Right
          24. Formalities
          25. Legal estates/ interests
          26. conveyance by deed, s 52 LPA 1925 and s 1 LP(MP)A 1989
          27. creation of interests in land by parol not exceeding three years, s 54 LPA1925
          28. equitable interests
          29. under trust
          30. s 53 (1) (b) LPA1925
          31. evidenced
          32. in writing
          33. signed
          34. resulting, implied, constructivr trusts: s 53 (2) LPA1925: no formalities needed
          35. where no trust is involved
          36. estate contracts: s 2 LP (MP)A 1989
          37. restrictive covenant: usually by deed
          38. Subtopic 3
      3. non proprietary interest
        1. License: a private individual granting a license to do smth you would not normally be allowed to
          1. bare license: a license granted for no consideration which can be revoked
          2. contractual licence: granted for consideration, revocation may result in breach of contract or equital remedy
        2. Thomas v Sorrell (1673): license does not pass interest or alters/ transfers property. it only makes an action lawful.
    3. Enforceability of right
      1. Unregistered System
        1. After confirming that third party right has been created by correct formalities
          1. Is interest registrable on the Land Charges Register
          2. Yes
          3. Has it been registered
          4. Yes, then binds buyer
          5. No, then buyer will take free
          6. No
          7. Legal or equitable?
          8. Legal
          9. Binds the world
          10. Equitable
          11. Interest under a trust
          12. Has buyer overreached
          13. If yes, buyer takes free
          14. If not, buyer is bound unless he is equity's darling
          15. it is a non-trust interest which is not registrable on the Land Charges Register
          16. If so, buyer is bound unless he is equity's darling
      2. Registered System
        1. After confirming that third party right has been created by correct formalities
          1. Regsitrable dispositions
          2. Overriding interests
          3. Interests which affect a registered estate