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. Enforceability of right
   2. 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
   3. 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
      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.