Land law cases
"Land" includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a ren...
"Land" includes land of any tenure, and mines and minerals, whether or not held apart from the surface,
buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and
other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal
hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land; and "mines and
minerals" include any strata or seam of minerals or substances in or under any land, and powers of
working and getting the same; and "manor" includes a lordship, and reputed manor or lordship; and
"hereditament" means any real property which on an intestacy occurring before the commencement of
this Act might have devolved upon an heir. - Answer-Law of Property 1925 s205 (1) ix
Rights and obligations of the finder and occupier - Answer-Parker v British Airways Board
Is a bungalow realty? Degree of annexation. - Answer-Elitestone v Morris
Are house boats realty? Original intention of permanence. - Answer-Mew & Anor v Tristmere
Is the boat "part of the land" - personalty or realty. - Answer-Chelsea Yacht & Boat Co Ltd v Pope
The owner's rights extend to a height as is reasonably necessary for the ordinary use and enjoyment of
the land. - Answer-Baron Bernstein of Leigh v Skyviews and General Ltd
A landowner can bring an action for trespass against a sign jutting into their airspace. - Answer-Kelson v
Imperial Tobacco
The owner of the surface land is the owner of the strata beneath. - Answer-Mitchell v Mosely
What is property? Drilled land to get oil without disturbing top land = still trespass. - Answer-Bocardo SA v
Star Energy UK Onshore Ltd
Rights to items found in the land (brooch). - Answer-Waverly Borough Council v Fletcher
Water lying on the land is the property of the landowner. - Answer-Water Resources Act 1991
Owning a slice of time. - Answer-Estate
Mode of holding land. - Answer-Tenure
Two legal estates - freehold (fee simple absolute in possession) and leasehold (a term of years absolute)
- Answer-Law of Property Act 1925 s1
Life, fee tail and fee simple. - Answer-Equitable interests
For an interest to be legal, it must be made by deed. - Answer-s52 LPA 1925
How many legal estates in land are there today? - Answer-2 - Freehold and Leasehold
How many interests in land are capable of being legal? - Answer-5
Which statutory authority names the interests in land that can be legal? - Answer-s1(2) LPA 1925
, What are the formalities required for creating a legal estate or interest in land? - Answer-Deed
What is the consequence of not creating a legal estate/interest properly? - Answer-It becomes only
equitable
Name at least two equitable interests in land? - Answer-Easement and restrictive covenant
What are the steps required to make an equitable interest in land? - Answer-Written contract
What is the exception to the rule that a legal estate must be created by deed? - Answer-Creation of
interests in land by parol
A licence... only makes an action lawful, which without it had been unlawful. - Answer-Thomas v Sorrell
"F*** off" is not revocation of a bare licence. - Answer-Gilham v Breidenbach
Horse racing - a contractual licence can be revoked at any time. - Answer-Wood v Leadbitter
Licence coupled with an interest meant a builder couldn't be forced to leave the land. - Answer-Hounslow
LBC v Twickenham Garden Development Ltd
Lease licence distinction - types of licence - 3 requirements for proprietary estoppel - Answer-
Representation, reliance and detriment
Example of a licence by proprietary estoppel - Answer-Pascoe v Turner
A legal lease is an estate (statutory) - Answer-s1(1)(b) LPA 1925
How many types of lease are there? - Answer-2 - Fixed term lease and Periodic Tenancy
A licence is not capable of binding a purchaser to the land. - Answer-King v David Allen & Sons
Billposting Ltd
Requirements for a lease - exclusive possession, (at a rent), for a term. - Answer-Street v Mountford
"At a rent" is not necessary for a lease (statutory) - Answer-S205 (xxvii) LPA 1925
"At a rent" is not necessary for a lease (case) - Answer-Ashburn Anstalt v Arnold
The same lease criteria apply in the commercial sector - Answer-Esso Petroleum Co Ltd v Fumegrange
Courts are not bound by the label attached by the parties. - Answer-Facchini v Bryson
"a cat does not become a dog just because both parties have agreed to call it a dog" - Answer-
Antoniades v Villiers
Limits on access can affect the determination of exclusive possession - the "licensee" could only use the
room between midnight and 10:30am and noon and midnight. - Answer-Aslan v Murphy
The right for an owner to occupy or introduce others to do so can affect the determination of exclusive
possession. - Answer-Antoniades v Villiers
17 separately occupied rooms - no exclusive possession. - Answer-Appah v Parncliffe Investments Ltd
Two cases that contrasted over sham clauses - Answer-Somma v Hazelhurst and Street v Mountford
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