1. The Nature of Land

Question 1

What is land sometimes known as?

Answer 1

Real property

Question 2

What are cars, books, televisions, copyright and shares an example of?

Answer 2

Personal property

Question 3

What are the two categories of personal property?

Answer 3

1. Choses in possession
2. Choses in action

Question 4

What are choses in possession?

Answer 4

Physical, moveable things, e.g. a car

Question 5

statutory definition of land

Answer 5

“Land” includes land of any tenure, and mines and minerals, whether or not held apart from
the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land; […] and “mines and minerals” include any strata or seam of minerals or substances in or under any land, and powers of working and getting the same […]; and
“manor” includes a lordship, and reputed manor or lordship; and “hereditament” means any real property which on an intestacy occurring before the commencement of this Act might have devolved upon an heir.

i.e., includes the surface; buildings or parts of buildings
on the land; other corporeal hereditaments; and other incorporeal hereditaments.

Question 6

What are choses in action?

Answer 6

Rights to things which do not have a physical existence, e.g. intellectual property, debts, of beneficial interests

Question 7

What are the two types of hereditaments which make up land which passes from a seller to a buyer?

Answer 7

1. Corporeal hereditaments
2. Incorporeal hereditaments

Question 8

What are corporeal hereditaments, and what are some examples?

Answer 8

Tangible things, e.g. surface of land, buildings, mines and minerals, trees and plants, air above, ground below, and fixtures

Question 9

What are incorporeal hereditaments, and what are some examples?

Answer 9

Intangible things, e.g. rights, easements, and rents

Question 10

what do you own as a freehold owner?

Answer 10

1. Ground beneath the surface of the land - around 300m
2. Lower airspace (as is reasonably necessary for ordinary use and enjoyment of the land) - Bernstein v Skyviews
   —-Crane or sign does not need to be touching or damaging the land to be considered trespass
3. Fixtures
4. Benefit of proprietary rights

Question 11

To what extent does a landowner have a right to the air above?

Answer 11

To the extent necessary for the ordinary use and enjoyment of the land

Question 12

Is a freehold landowner entitled to all minerals under his land?

Answer 12

Except coal, oil, natural gas, gold, silver, and treasure, to which the Crown is entitled

Question 13

Does a landowner own the wild animals on his land?

Answer 13

No, but he has a right to hunt them

Question 14

What does a landowner need to draw water from a source running through their land?

Answer 14

A licence

Question 15

Do fixtures pass automatically with the sale of land?

Answer 15

Yes

Question 16

Do fittings pass automatically with the sale of land?

Answer 16

Not unless mentioned in the contract

Question 17

What are the two tests when determining whether something is a fixture or fitting?

Answer 17

1. Degree of annexation
2. Purpose of annexation

Question 18

What does the degree of annexation test provide?

Answer 18

The greater something is attached to the land, the more likely it is to be a fixture

Question 19

What will be especially relevant in determining how attached something is?

Answer 19

If removing it will cause damage to the remaining land/structure

Question 20

What does the purpose of annexation test look at?

Answer 20

Whether something was brought onto the land with an intent to make a permanent improvement or only a temporary one

Question 21

If something was brought onto the land with the intent to permanently improve the land, what becomes irrelevant?

Answer 21

The degree of annexation

Question 22

what is the general rule wrt the ground beneath the surface of the earth?

Answer 22

the landowner owns everything (Grigsby)

Question 23

what are the exceptions to general rule?

Answer 23

The Court of Appeal held that the cellar was owned by the claimant and based their reasoning
partly on the fundamental principles that a conveyance of land ordinarily carries with it all that is
beneath the surface.
There are some exceptions to the principle that a landowner owns everything beneath the surface
of its land:
* A landowner is not entitled to all minerals under his land. All mines of gold and silver belong to
the Crown.
* If a landowner finds ‘treasure’ (as defined under the Treasure Act 1996) then that also belongs to the Crown.
* Any coal under land belongs to the Coal Authority by virtue of the Coal Act 1938.
* The Infrastructure Act 2015, s43 effectively states there is no trespass at depths below 300
metres and therefore there is no need for the consent of the freehold owner to deep-level
drilling.

Question 24

which act gives immunity from trespass or nuisance to aircraft?

Answer 24

The Civil Aviation Act 1982, s 76(1)

Question 26

The lower airspace - Kelsen v Imperial Tobacco Co

Answer 26

an injunction was granted for the removal of an advertising sign
erected by the defendant which projected into the airspace above the plaintiff’s shop by a few inches.

Question 27

The lower airspace - Anchor Brewhouse Developments v Berkley House (Docklands) Developments

Answer 27

the jib of a crane trespassed in the airspace above the claimant’s property and an injunction was
granted.

Question 28

D’Eyncourt v Gregory

Answer 28

Facts: A stone garden seat and ornamental statues standing on their own weight were held to be fixtures because they formed part of the
architectural design of the house and its grounds.

Principle: If chattels are incorporated
into the architectural design of a building, they may consequently be classified as fixtures even though they are not firmly affixed.

Question 29

Leigh v Taylor

Answer 29

Facts: A tapestry was tacked securely to a wall. The purpose was merely to display the tapestry in order to enjoy it. The tapestry was held to be a chattel.

Principle: A chattel may be securely
affixed to the land but remain a chattel if the purpose of
annexation is the better enjoyment of the chattel as such.

Question 30

Elitestone Ltd v Morris

Answer 30

Facts: A wooden bungalow was not
attached to the land, but rested on concrete pillars. It was held to be a fixture because in order to remove it from the land it would have had to be demolished.

Principle: If a chattel cannot be removed from the land without
destruction/demolition, it will be deemed to be intended to form part of the land and
therefore a fixture.

Question 31

Formality rules for the estates and interests in land

Answer 31