MCQ LAND LAW EXAM
What three things does Freehold estate require?
A contract for the sale and purchase of land must comply with s2 LP(MP)A 1989, Deed must comply with s1 and Registration of conveyance/transfer in accordance with s27 of LRA 2002
What statements regarding fixtures and chattels are correct?
A fixture forms part of the land, a chattel is moveable personal property and a chattel can become a fixture
Which options fall within the definition of land under s.205 (1)(ix) Law of Property Act 1925?
A house, mineral deposits in the ground and a right of way over land
Which rights exercised in relation to land have proprietary status?
All rights except for a license
What are the formality exclusions for contracts dealing in land?
Contracts grant short leases (for 3 years or less), contracts for sale at public auction and the creation of resulting, implied or constructive trusts, s53(2) LPA 1925
What does real property compromise?
Corporeal and incorporeal hereditaments
What is included under Sextion 205(I)(ix) of the Law of Property Act 1925?
Corporeal and incorporeal hereditaments
What are the three tiers of ownership in relation to estates and interests in land?
Crown, estates(freehold and leasehold proprietary right to possess land for a period) and interests (lesser rights to which may be proprietary)
"In determining whether an object fixed to land is a chattel, the intention of the person who fixed it will be conclusive" is false, according to which case?
Dean v Andrews (1986) said the purpose of annexation is an objective test. Intention of the party who annexed it must be persuasive, but not conclusive to whether an object is a fixture or chattel
How far do a person's rights over a piece of land extend to?
Extend to the lower airspace above physical surface area of land but only so far as necessary for ordinary use and enjoyment of that land
What is the most extensive property right a person can exercise over a piece of land?
Freehold estate. It is more extensive than leasehold and doesn't have a certain and fixed maximum duration and not subject to many restrictions
What 2 legal estates in land does S 1(1) Law of Property Act 1925 provide?
Freehold- Dee absolute in possession and Leasehold- term of years abaolute
Which key authority laid down the tests for determining whether an object annexed to the land is a fixture or a chattel?
Holland v Hodgson (1872)
Where and what is the test on the degree and purpose of annexation derived from? (CASE)
Holland v Hodgson (1872) "annexation to a piece of land so object can be enjoyed is deemed a fixture"
The case of Parker v British Airways Board (1982) established which legal principle?
Items found embedded in the ground, which aren't treasure and the true owner cannot be found, will only belong to the freehold owner if he's able to show he manifested an intention to control objects found on his land. If no proof= belongs to person who found it
Where and what is the test on the degree of determining an object that has been annexed to the land to be enjoyed as an object (CASE)
Leigh v Taylor (1902) object annexed to land to be annoyed as an object is deemed a chattel
What must a contract for dealing in land under S2 LP(MP)A 1989 state?
Must be in writing, include all expressed terms and signed by each party
What are personal rights in personam?
Rights enforceable against the person who granted the right, not the actual property
Which statutory provision lists the interests that have legal capacity?
Section 1 LPA 1925
What two part test is used to determine whether an item is a chattel or a fixture?
The degree of annexation and purpose of annexation test
What is the principle of annexation test?
The greater degree of annexation, the more likely an object is deemed to be a fixture
Which of the following was not considered a relevant factor when determining whether objects were fixtures or chattels in the case of Botham v TSB (1997)
The method by which the object was originally acquired
What are corporeal hereditaments?
Things having physical form e.g. extend of land, minerals, buildings and fixtures
What are incorporeal hereditaments?
Things without physical form e.g. fixtures (part of the land) and annexation
