Nature of land

• What are corporeal hereditaments?

  Tangible things on the surface of the land, such as buildings and plants
• What rights are limited by statute in relation to land?

  Rights in coal, oil, natural gas, gold, silver, and buried treasure
• What are incorporeal hereditaments?

  Intangible things such as rights like easements and rent
• What is a fixture in relation to land?

  A fixture is something fixed or annexed to the land that becomes part of it
• How does the degree of annexation test determine if something is a fixture?

  The greater the degree of attachment to the land, the more likely it is to be a fixture
• What happens to ownership of fixtures upon the sale of land?

  Ownership of fixtures automatically passes on the sale of the land
• What is the difference between fittings and fixtures?

  Fittings are merely objects on the land and do not automatically become part of it
• What is the degree of annexation test?

  The greater the degree of attachment to the land, the more likely it is to be a fixture
• What are the two types of legal estates?

  Freehold and leasehold
• What is commonhold?

  A rare form of freehold introduced in 2002 to manage shared common space
• What is the purpose of the Commonhold Community Statement?

  To help owners comply with positive covenants, such as paying fees for shared services
• Who is a member of the Commonhold Association?

  Each unit holder registered as a freehold owner of that unit
• What must be done to create a legal interest?

  It must be created by deed and registered
• What are the requirements for a deed?

  It must be in writing, clearly intended as a deed, signed in the presence of a witness, and delivered
• What is a legal mortgage?

  A legal mortgage is created only by deed
• What is an easement?

  An easement is the right to use another person's land
• What is a rent charge?

  A rent charge is an interest in the land requiring the landowner to make periodic payments
• What are profits à prendre?

  Interests in land enabling someone to take something from the land, such as fish
• What is the difference between profit à prendre appurtenant and profit à prendre in gross?

  Profit à prendre appurtenant is attached to a second parcel of land, while profit à prendre in gross is owned personally
• What is the right of entry?

  The right to enter the premises reserved in a leasehold or rent charge contract
• What is an equitable interest?

  An equitable interest arises when legal interest formalities are not met
• What does the Law of Property Act 1989 require for an equitable interest?

  A written contract for land
• When is an equitable interest not binding on a bona fide purchaser?

  When the purchaser did not have notice of the equitable interest
• What are restrictive covenants?

  Restrictive covenants are generally binding only on parties to the original contract
• How can a restrictive covenant be enforced in equity by a subsequent buyer?

  If the subsequent buyer had notice of the covenant
• What are estate contracts?

  Contracts related to the sale or lease of land
• How do legal interests differ from equitable interests in terms of binding third parties?

  Legal interests are binding on third parties, while equitable interests bind third parties only with notice
• What are the remedies for legal interests?

  Damages
• What are the remedies for equitable interests?

  Equitable remedies such as injunctions or damages in lieu of an equitable remedy
• Do personal rights, such as licenses, bind third parties?

  No, personal rights do not bind third parties
• What must a seller provide to prove ownership of unregistered land?

  A good route of title through documentary evidence
• What are the requirements for a good route of title?

  It must be at least 15 years old, deal with the whole interest, contain an adequate description, and not cast doubt on the title
• What is an epitome of title?

  A chronological list of documents of title with photocopies attached
• What happens if a buyer does not have notice of an equitable interest?

  They are bound by legal interests but not by equitable interests
• What must be registered on the Land Charges Register?

  Equitable and legal interests against the full name of the property owner
• What is Class C(i) in the Land Charges Register?

  It refers to a puisne mortgage, which is a second mortgage not protected by deposit of title deeds
• What is Class D(ii) in the Land Charges Register?

  It refers to a restrictive covenant
• What is Class D(iii) in the Land Charges Register?

  It refers to an equitable easement
• What happens if an equitable interest is not registered?

  The purchaser will be subject to it if they have had actual, constructive, or imputed notice
• What is actual notice?

  Actual notice means knowing of the interest themselves