Estates & interests in land
An estate in land measures a person's entitlement in terms of duration; only two legal estates now exist. Interests in land are rights one person holds over land owned by another.
What "Estates & interests in land" covers
- LPA 1925 s.1(1): only two legal estates capable of subsisting at law — the fee simple absolute in possession (freehold) and the term of years absolute (leasehold).
- All other ownership rights take effect in equity only (LPA 1925 s.1(3)), typically behind a trust.
- 'In possession' includes receipt of rents and profits, so a freehold reversion subject to a lease still counts as in possession.
- Distinguish real property (land) from personalty; fixtures pass with the land, chattels do not.
- Fixtures test: degree of annexation and purpose of annexation — Holland v Hodgson; purpose is the dominant factor.
- Land includes the surface, airspace to the height necessary for ordinary use, and subsoil, subject to statutory limits.
- Corporeal hereditaments (physical land) are distinguished from incorporeal hereditaments (rights such as easements).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For estates & interests in land, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Do not treat a life interest as a legal estate — since 1925 it can only exist in equity.
- Do not confuse 'in possession' with physical occupation; receipt of rent qualifies.
- Applying only the degree-of-annexation test and ignoring purpose when classifying fixtures.
Learn and practise this subtopic
A guided lesson and exam-style questions on estates & interests in land.
FAQ
Is estates & interests in land tested on SQE1?
Yes — estates & interests in land is part of the SQE1 Land Law syllabus (FLK2) and can appear in single best answer questions.
How is estates & interests in land examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (LPA 1925 s.1(1), LPA 1925 s.1(2)) helps.