Summary: Ws1 Introduction To Estates And Third Party Interests In Land

Read the summary and the most important questions on WS1 Introduction to Estates and Third Party Interests in Land

• 1 STRUCTURE FOR FIXTURE/CHATTEL PART OF PQ

• 1.1.2 What is Land?

• What is the legal definition of Land under s 205(1)(ix) of the Law of Property Act of 1925 and what are the examples that fall within the definition of land?

  In s 205(1)(ix) 'land' includes any land of any tenure (freehold or leasehold). It is non-exhaustive and includes the physical land itself, all buildings (manor house, stable block and garage) and intangible rights (right of way). Does not include movable property such as a Range Rover and Horses.

• Explain how Bernstein v Skyviews curtailed the first part of the equitable maxim of land extending 'upwards to infinity'?

  Skyviews had taken photos of Bernstein's property from the air. Bernstein claimed that Skyview had been trespassing in his airspace. The HoL held that Bernstein's claim to airspace should be restricted to such height as is necessary for ordinary use and enjoyment of the land.

• Contrast Bernstein v Skyviews with Ellis v Loftus and explain why there was a trespass in the latter case but not the former?

  A stallion bit and kicked a mare in an adjoining field through a fence while unsupervised. This amounted to trespass.

• 1.1.3 Fixtures are Part of the Land

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• What is the definition of a chattel?

  Movable property that is not attached to the land such as a car and books.

• What is the definition of a fixture and give examples?

  Fixtures are attached to the land (e.g. attaching a cupboard to the wall). Cannot be taken when a seller leaves their house.

• Explain the FIRST TEST of the degree of annexation in identifying a fixture?

  The legal maxim is whatever is attached to the soil becomes part of it. If an object has been affixed to the land in such a way that it cannot be removed without causing serious damage to the land, it is a fixture. If an object is easily removed it is a chattel.

• Explain the SECOND TEST of the purpose of annexation in identifying a fixture?

  The presumption created in the degree of annexation test can be rebutted by the purpose test (the most important test because it is conclusive) if it forms part of the architectural design of the property.
  
  
  

  • The item formed part of the architectural design of the property, and if you were to take it away, the land would have lost its appearance = fixture
  • D'Eyncourt v Gregory

  
  
  

  • However, if the item is attached to the land for personal enjoyment i.e. can be looked at and enjoyed = chattel
  • Leigh v Taylor

  
  

• 3 Third Party Rights and Interests Over Land

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• What are the interests acquired by non-owners generally known as?

  Third-party interests

• 3.1 Legal Interests

• What are the two most important legal interests under s 1(2) of the Law of Property Act 1925?

  (a) an easement which is a 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 (use a person's land for a specific purpose - to use a path)
  (b) a charge by way of legal mortgage (security interest over the property)

• 3.2 Equitable Interests

• If an estate or interest in land does not fall within s 1(1) or (2) of the LPA 1925, it can only take effect under what?

  All other interests can only take effect in equity, s 1(3) LPA 1925