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Abdul-Karem
Title

S1 - Basics
Law of Property Act 1925
The only legal estates reduced to two:
s. 1(1) (a) Fee simple absolute in possession
(b) Term of years absolute
The only legal interests:
(a) Easements/rights over freehold/leasehold
s. 1(2) (b) Rentharge in possession over freehold/leasehold
(c) Mortgage
(d) Rights of entry over leases
s. 1(3) All other estates and interests are equitable
Old distinction between legal estates and other legal
s. 1(4)
interests is now far less significant – “have the same incidents”
A legal estate cannot be created or be held by an infant (use
s. 1(6)
trust)
Providing the purchaser pays the money to at least two
s. 2 and 27(2) individual trustees or a corporate trustee, overreaching will
occur
Conditional fee simple is treated as equivalent to fee simple
s. 7(1)
absolute and can qualify as a legal estate
If no words of limitation are present in conveyance of
freehold, grantee gets fee simple (or whole interests which
s.60(1) grantor could convey)
 Can be offset if contrary intention appears in
conveyance
Law imposes statutory trust in all cases where land is co-
s. 34(2) and 36(1)
owned by two or more persons
All conveyances for conveying or creating a legal estate
s. 52(1)
unless made by deed
Legal conveyances not requiring a deed:
s. 52(2) d. leases not required to be made in writing – s 54(2)
under 3 years
A declaration of trust must be manifested and proved by
s. 53(1)(b)
writing signed by person able to declare such trust
Disposition of equitable interest or trust must be in writing,
s. 53(1)(c)
signed by the person disposing it
Creation and operation of implied, resulting or constructive
s. 53(2)
trusts is exempted from requirement of writing
Creation eases in possession under 3 years don’’t need a
s. 54(2)
deed
Conveyance of land includes buildings, fixtures, easements,
2 s. 62(1) etc. appertaining to land; “part or parcel” or “appurtenant”
to the land or any part of it
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1 s. 205(1)(ix)
s. 205(1)(xxvii)
Law of Property (Miscellaneous Provisions) Act 1989
3 s. 1(2)
4 s. 1(3)
5 s. 2(1)
6 s. 2(5)(a)
Land Registration Act 2002
8 s. 3(1)
s. 28-30
Title
Definition of “land” – any tenure, mines, minerals, buildings,
corporeal hereditaments, incorporeal hereditaments,
easements – “right over or derived from land”
Leasehold = enjoyment of land for a fixed maximum period
(not life); includes period less than a year or “from year to
year”
And instument is a deed if:
(1) It makes clear it is intended to be a deed (description
or executed/signed as a deed); AND
(2) Validly executed as a deed
Validly executed as a deed if:
(1) Signed in presence of witness/ at his direction, his
presence, presence of 2 others
(2) Delivered as a deed
Contract for sale or disposition of interest in land can only be
made in writing, incorporating all terms
Contract to grant lease under 3 years doesn’t require
writing/incorporation
Principle estates capable of registration with own title
number are:
(a) Fee simple absolute in possession
(b) Legal leasehold for terms of more than seven years
Priority rules

Schedules 1 and 3 Unregistered overriding interests

Legal mortgages (registrable charges) have to be registered
9 Part 5 in charges section of register, against title of estate burdened
by mortgage
Equitable interests under trust cab be protected by entru of
10 Part 4 ‘restriction’, ensures requirements for overreaching are met on
any conveyance
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Other Authority
Civil Aviation Act 1982, s Innocent overflight by aircraft is not actional trespass or
13
76(1) nuisance if at reasonable height, given wind and weather
Rules of Air Regulations
14 Minimum flying height of 1,000 feet above built-up area
2007
Coal Industry Act 1994 – s
15 Qualifies ownership of subjacent soil -
1(1) and 7(3)
16 Petroleum Act 1998 – s. 2 Qualified ownership of subjacent soil
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Title
Treasure Act 1996 – s. 1 Things buried in land belong prima facie to owner of land,
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and 4 but there are exceptions for