Land Law Principles and Legal Concepts

Corporeal hereditaments as referenced in section 205(1)(ix) of the Law of Property Act 1925 is?

Answer: Rights that have real or tangible quality and are essentially physical objects. This includes physical land and anything attached to it, such as, buildings.

In land law, what is the meaning of an estate in land?

Answer: An entitlement to possession of the land is called estate in land. Theoretically, physical land vests in the Crown.

A freehold estate in land is properly termed a fee simple absolute in possession, which in law means?

Answer: The owner has right to indefinite possession because the length of the estate is indeterminate. In law this means that the estate lasts as long as the owner has heirs. The owner can freely sell it or gift it. Possession need not be physical and can include rights arising from the possession such as right to collect rent (Section 205(1)(xix) LPA 1925).

In which case did Lord Scarman hold that two tests must be applied to determine whether an item was a fixture or a chattel? Hint - the case involved a sundial and a statue. (the answer must include the correct case citation)?

Answer: Berkley v Poulett (1977) 241 EG 911.

In your own words, what does section 53(1)(b) of the Law of Property Act 1925 require?

Answer: Relates to formalities for express trusts. It requires that express trust related to land must be proved or evidenced in writing and must be signed by the person able to declare such trust.

The ‘crack in the mirror’ of the Mirror Principle of the Land Registration Act 2002 relates to Overriding Interests. What is the rationale that justifies Overriding Interests?

Answer: That the overriding interests are apparent or easily discoverable when inspecting the land.

Section 52(1) of the Law of Property Act requires that any creation or transfer of a legal interest in land is executed by a deed; which statutory section defines the formalities required of a valid deed in 2021?

Answer: S.1(2) of the Law of Property (Miscellaneous Provisions) Act 1989.

In your own words, under section 27(2) of the Law of Property Act 1925, what is required for overreaching to take place?

Answer: That the purchaser should have paid purchase money to two or more trustees where conveyance is made by the trustees and the equitable interest is capable of being overreached by such trustees.

In which case, involving the grant of a lease of seven years in a mill, was it held that ‘equity regards as done that which ought to be done’? (the answer must include the correct case citation)

Answer: Walsh v Lonsdale (1882) 21 ChD 9.

10.To discover any burdens, incumbrances or third-party rights registered against an estate, you should look at which Register of the title at HM Land Registry, giving an example of a typical registered interest?

Answer: The Charges Register (the C register) details the burdens, incumbrances and third party rights, such as, mortgages.

11.Alexandra, John, Barry and Stephen were friends. In April 2017 they purchased the freehold property "Shetland House" for occasional use as a holiday home. The conveyance to them contained an express declaration that they were beneficial joint tenants. In November 2020, John wrote letters to each of the others saying that he wanted the property sold so that his share could be paid to him out of the proceeds of sale. His letters were properly delivered. The property was not sold. John died leaving all his property to his girlfriend Anne. Does John’s letter constitute notice of severance? Please justify your answer by reference to any appropriate statutory provision.

Answer: Section 36(2) of the Law of Property Act provides for severance by notice in writing. John’s delivered letters will serve as notice in writing for the purpose of Section 36(2).

12.In which category of an implied trust of land does the court, when quantifying the equitable estate, infer the size of the respective shares by looking objectively at the whole course of dealing between the parties?

Answer: Constructive trust.

13.Clive owns the freehold of Manor Cottage. In front of witnesses, he tells his nephew Edward that he now holds Battle Cottage on trust for him. He scribbles down this statement on an old scrap of paper, placing his customary initials at the end. Clive and Edward have now quarrelled. Can Edward sue to enforce the trust re the requirements of s.53(1)(b) Law of Property Act 1925?

Answer: Yes. The trust is manifested in writing and is signed by Clive, which are the requirements of s.53(1)(b) Law of Property Act 1925. Continue your exploration of Legal Analysis of Property Issues at Festive Street with our related content.

14.Property is expressly conveyed to A, B, C, D, E, F, G and H as beneficial joint tenants. C contributed 50% towards the purchase price with A, B, D, E, F, G and H contributing the remaining 40% equally between them. What will be the position in law and in equity?

Answer: Legal title can be held by the first four named joint owners A, B, C and D (S.34(2) of the Trustees Act and LPA 1925). Equitable interests will be held in the ratio of their contribution by A, B, C, D, E, F, G and H.

15.Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd [1982] QB 133 is the leading authority as regards the modern doctrine of proprietary estoppel. What are the three requirements for a successful claim in estoppel?

Answer: First requirement: an assurance should be given by one person to another that the latter will acquire some interest; second requirement: reliance placed on the assurance by the other person; and third requirement: the other person should have acted detrimentally on the strength of the assurance.