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Summary - Land Law (ULaw)
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Summarises land law module by outlining foundational points within the subject and detailing different principles alongside relevant case law and legislation.
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Land Law RevisionUnit 1: Third Party Rights and Interests and Fixtures and
Chattels
Structure for problem questions around fixtures and chattels.
Tests from Berkley v Poulett
Method and degree of Anything attached to the soil becomes a part of it. If an
annexation object is fixed to the land in a way that means it cannot be
removed without causing serious damage, it is likely a
fixture.
The object and If an object exists with the purpose of enhancing the realty, it
purpose of the would be considered a fixture. An object may be fixed to the
annexation ground but for the purpose of enjoying it better as a chattel.
Classify third party rights as legal, equitable or statutory.
Legal right Equitable right Statutory right
“(a) easement, right or “All other estates, interests Third party rights can arise
privilege in or over land for and charges in or over in statutory provisions.
an interest equivalent to an land take effect as Section 30 of the Family
estate in fee simple equitable interests” (s 1(3) Law Act 1996 is a good
absolute in possession or LPA 1925). example of this.
a term of years absolute;
(b) a rentcharge in Rights of beneficiaries Spouses are allowed to
possession issuing out of under a trust: Legal live together in a
or charged on land being interest goes to trustee matrimonial home but only
either perpetual or for a and beneficiaries enjoys one can be the legal
term of years absolute; (c) equitable interest. owners. Parties must be
a charge by way of legal Restrictive covenants: legally married and the
mortgage” (s 1(2) LPA Promises made by a home must be intended as
1925). covenator in favour of a matrimonial home. The
covenantee that the right ends in death or
Easements: Rights covenantor will not use divorce. The non-owning
attached to pieces of land land in a particular way. spouse would have a
that can impose a Estate contracts: Create or statutory right to ownership
corresponding burden on convey legal estate in the under this provision.
another piece of land. land, buyers have
Mortgage: Interest in land equitable interest in the
that is given as security for land.
a loan.
Lease: Legal ownership of
a property as a tenant for a
fixed or non-fixed amount
of time.
Structure for problem question around classifying third party
interest.
Identify the type of Use fact pattern to determine what kind of third-party interest is
,third-party interest being considered.
being claimed
Decide whether Legal: section 1(1) LPA 1925 and s 1(2) LPA 1925.
the right is capable Equitable: section 1(3) LPA 1925
of being legal
Decide whether Legal interests can only be legal if they follow the correct
the right has been formalities. Equitable interests can only be equitable if they
created through follow the correct formalities.
the correct Legal formalities
formalities The formalities for legal interests are compliance with section 52
LPA 1925 – “all conveyances of land or any interest therein are
void for the purpose of conveying or creating a legal estate
unless made by deed”.
The deed must comply with s 1 LP(MP)A 1989 – it must clearly
state it is a deed and must be signed, witnessed and delivered.
Parol lease exception: Deeds are not required for leases under
“three years .. at the best rent which can be reasonably obtained
without taking a fine” (s 54(2) LPA 1925)
Equitable formalities
Express trust equitable interests can be established through
compliance with s 53(1)(b) LPA 1925 – “must be manifested and
proved by some writing signed by some person who is able to
declare such trust or by his will” (must be done through signed
writing).
Implied trust equitable interests do not carry any formalities (s
53(2) LPA 1925) as they arise out of constructive circumstance.
Non-trust equitable interests (restrictive covenants, easements,
estate contracts) have their own formalities.
- Estate contracts (s 2 LP(MP)A 1989): Signed agreement
incorporating all terms that must be signed by the parties
to the contract (does not apply to short leases of s 54(2)
LPA 1925)
- Others: Signed in writing (s 53(1)(a) LPA 1925)
Classify the right Determine if it follows the formalities it needs to.
as legal, equitable If capable of being legal and complies with relevant formalities,
or statutory then it is legal. If not, equitable.
If not capable of being legal but can be equitable and follows
relevant formalities, then it is equitable. If not, it is not a valid
interest.
Statutory rights such as s 30 FLA 1996 carry no formalities as
long as the conditions within the statute are met: "the parties are
still married/civil partners and the property has been/is used/was
intended to be the matrimonial/civil partnership home"
SBAQs Feedback
Botham v TSB Bank: White goods are chattels because they are required for the use
of the kitchen, but they are not sufficiently annexed or permanent enough to be
considered a fixture.
An easement is the only interest in the list that is capable of being a legal interest in
land - s.1(2) Law of Property Act 1925 (although certain formalities will have to be
,complied with for it to be valid). All the other interests are only capable of existing as
equitable interests - s.1(3) Law of Property Act 1925.
The grant of a legal lease for two years with immediate possession comes within the
exception to s.52 LPA that legal leases for not more than three years can be created
orally or in writing - see s.54(2) LPA 1925. However, the sale of an existing lease is
the transfer of a legal estate in land and is required to be by deed. The grant of a legal
lease for a term of five years and the sale of a freehold must be completed by deed.
A contract to create or convey an interest in land will be void if it does not either
contain all the terms the parties have agreed or refers to some other document which
contains the terms the parties have agree (s 2(2) LP(MP)A 1989)
An interest of a beneficiary under a trust is not a contract to create or convey a legal
estate in land. All the other interests are capable of being estate contracts and
recognised by equity, provided the requirements of s.2 of the Law of Property
(Miscellaneous Provisions) Act 1989 have been met.
All land in England and Wales does belong to the Crown but the Crown does not have
the right to occupy it whilst there is a freeholder or leaseholder in possession. There
are only two legal estates in land, the fee simple absolute in possession (the freehold)
and the term of years absolute in possession (the leasehold). A person owning an
estate can create out of it a lesser estate, e.g., the owner of a freehold estate can
grant a leasehold estate. "Fee" means that an estate is capable of being inherited and
"simple" signifies that it may pass to any class of heir.
S 2 LP(MP)A 1989 governs the formation of contracts for the sale of interests in land;
s.52 LPA 1925 provides that a legal estate can only be passed by deed; s.54(2) LPA
1925 deals with the creation of legal leases for not more than 3 years and s.53(1)(b)
deals with the formalities for the express creation of a trust in land.
The exchange of contracts is the first stage in a conveyancing transaction. At this
stage the buyer only has an equitable interest in the property. Legal title to the
property does not pass until completion has taken place and the legal formalities have
been completed.
For a leasehold estate to exist there must be certainty of duration and the tenant (i.e..
the owner of the leasehold estate) must have exclusive possession of the land (i.e..
the right to exclude everyone from the land, including the landlord). There is no
requirement for a tenant or landlord to own an adjoining piece of land for a leasehold
estate to exist
The seller is permitted to remove fixtures present on the property when the contract
was entered into, but only if they have reserved the right to remove them in the
contract.
Equity may intervene to recognise the agreement if there is a contract complying with
s2 of the Law of Property (Miscellaneous Provisions) Act 1989 (which requires the
written contract to incorporate all the expressly agreed terms and be signed by or on
behalf of all parties) and the tenant has clean hands (Walsh v Lonsdale).
The facts clearly state that the client purchased from a seller, the husband has made
no financial contributions and there is no mention in the facts of any agreement or
detriment. The husband, therefore, has no legal or beneficial interest in the house.
As the non-owning spouse of the seller, the husband has home rights under the
Family Law Act 1996. These are statutory rights and do not create a proprietary
interest in land.
The oven is freestanding and connected to the land only by its own weight and an
electrical flex. The oven is likely to be a standard measurement and easy to remove
and replace and therefore retains its character as a chattel. The degree of annexation
, is slight - a freestanding oven can be easily removed and replaced and does not form
part of an overall architectural design.
Once removed, the oven and hob could not be used without similar cabinets to house
them and the items appear to form part of the overall design of the kitchen. Hence the
purpose of annexation is for the better enjoyment of the land and not the items. The
items are therefore fixtures
A restrictive covenant does not appear in either s1(1) or s1(2) of the Law of Property
Act 1925 and is therefore not capable of being legal (s1(3) LPA 1925). The required
formality for the creation of a restrictive covenant is in writing and signed (s 53 LPA
1925). A deed more than meets this requirement.
Creating a restrictive covenant by deed does not alter the fact that it is equitable by
nature.
A lease is capable of being legal (s1(1)(a) Law of Property Act 1925). A deed is
normally required to create a legal lease (s 52(1) LPA 1925). A deed must meet the
requirements of s 1 Law of Property (Miscellaneous Provisions) Act 1989. The deed
fails this as the freehold owner’s signature had not been witnessed.
There is an exception to the rule that a deed is required to create a legal lease - the
parol lease exception. However, this will not apply here as one of the requirements
(that there should be no fine or premium) is not met as there is a premium
This is an easement – a right for one landowner to make use of another parcel of land
for the benefit of their own land. An easement is capable of being legal provided it
meets the criteria set out in s 1(2)(a) Law of Property 1925. It must last forever or a
fixed duration. Twenty years is a fixed duration. In order to be legal, an easement
must be created by deed (s 52(1) LPA 1925) which is the case here. This is,
therefore, a legal easement.
Unit 2: Enforceability of Third-Party Rights
Structure for unregistered system
Identify the third- Use fact pattern to determine what kind of third-party interest is
party right being being considered.
claimed Consider if the relevant formalities have been followed in order
to make the right valid.
Is the interest The details of the third-party interest must be registered by the
registrable on the person with the interest against the name of the estate owner
Land Charges whose land is burdened by the interest (s 3 LCA 1972). This
Register? must be done when the interest is created.
Registrable rights
Class C LCA 1972
- Puisne mortgage: Legal mortgage not protected by
deposit of documents relating to the land affected.
- Limited owner’s charge: Equitable charge by tenant for
life.
- General equitable charge: Equitable charge not secured
by deposit of documents, does not arise of affect interest
under a trust of land, not given by way of indemnity of
rents, not included in any other class of charge.
- Estate contract: Contract by estate owner or person
entitled to have legal estate conveyed to him either
expressly or impliedly through statute.
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