1. The Nature of Land Flashcards
What are the two categories of personal property?
- Choses in possession
- Choses in action
What are choses in possession?
Physical, moveable things, e.g. a car
What are choses in action?
Rights to things which do not have a physical existence, e.g. intellectual property, debts, beneficial interests, etc.
What are the two types of hereditaments which make up land which passes from a seller to a buyer?
- Corporeal hereditaments
- Incorporeal hereditaments
What are corporeal hereditaments, and what are some examples?
Tangible things, e.g. surface of land, buildings, mines and minerals, trees and plants, air above, ground below, and fixtures
What are incorporeal hereditaments, and what are some examples?
Intangible things, e.g. rights, easements, and rents
To what extent does a landowner have a right to the air above?
To the extent necessary for the ordinary use and enjoyment of the land
Is a freehold landowner entitled to all minerals under his land?
Yes, except coal, oil, natural gas, gold, silver, and treasure, to which the Crown is entitled
Does a landowner own the wild animals on his land?
No, but he has a right to hunt them
What does a landowner need to draw water from a source running through their land?
A licence
Do fixtures pass automatically with the sale of land?
Yes, unless agreed otherwise in the contract. (see Property Practice).
Do fittings pass automatically with the sale of land?
No. Unless mentioned in the ‘Fittings and Contents Form’ of the contract
What are the two tests when determining whether something is a fixture or fitting?
- Degree of annexation
- Purpose of annexation
What does the degree of annexation test provide?
The greater something is attached to the land, the more likely it is to be a fixture
What will be especially relevant in determining how attached something is?
If removing it will cause damage to the remaining land/structure
Overview: Fixtures and Fittings
