What is Land?

Introduction

The law of property in England and Wales begins with a fundamental question: **what is land?** This chapter introduces the foundational concepts of land law tested in SQE1 FLK2 under **'Nature of Land'**: the distinction between **real and personal property**, the **law of fixtures and chattels**, the **two legal estates**, the categories of **legal and equitable interests** under section 1 of the Law of Property Act 1925, and the **formalities** required for land transactions. Master these and you have the vocabulary on which the rest of the syllabus is built.

Assessment focus

This chapter covers the foundational concepts tested in SQE1 FLK2 under **'Nature of Land'**. You must be able to **classify property** as real or personal, **apply the two-stage fixture test** to specific facts, distinguish the **two legal estates** from equitable interests, and **identify the correct formality** for any given transaction (contract, deed, declaration of trust, disposition of an equitable interest). Questions are single best answer questions (SBAQs) set in **realistic client scenarios**: you will be expected to **apply** the law to the facts — for example, to advise a buyer which items pass with the land, or whether an oral agreement to sell land is enforceable. This is a closed-book assessment; learn the statutory sections and leading cases from memory.

Study tips

1) Memorise the **statutory definition of 'land'** in s.205(1)(ix) LPA 1925 and that fixtures pass automatically on a conveyance under **s.62 LPA 1925**. 2) Learn the **two-stage fixture test** (degree of annexation, then purpose of annexation) from **Holland v Hodgson (1872)** — remember purpose is usually decisive and the test is **objective** (Elitestone v Morris). 3) Know the **two legal estates** (s.1(1) LPA 1925) and the **five legal interests** (s.1(2)) by heart; everything else is **equitable** (s.1(3)). 4) Distinguish the **formalities**: s.2 LP(MP)A 1989 (contract), s.1 LP(MP)A 1989 (deed), s.52 LPA 1925 (deed for legal estates/interests), s.53 LPA 1925 (equitable interests). 5) Remember the **s.53(2) exception**: resulting, implied and constructive trusts need **no writing** — fundamental to co-ownership disputes.