1. The Nature of Land Flashcards
What is land sometimes known as?
Real property
What are cars, books, televisions, copyright and shares an example of?
Personal property
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
statutory definition of land
“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.
What are choses in action?
Rights to things which do not have a physical existence, e.g. intellectual property, debts, of beneficial interests
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
what do you own as a freehold owner?
- Ground beneath the surface of the land - around 300m
- 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 - Fixtures
- Benefit of proprietary rights
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?
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
Do fittings pass automatically with the sale of land?
Not unless mentioned in 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
What does the purpose of annexation test look at?
Whether something was brought onto the land with an intent to make a permanent improvement or only a temporary one
If something was brought onto the land with the intent to permanently improve the land, what becomes irrelevant?
The degree of annexation
what is the general rule wrt the ground beneath the surface of the earth?
the landowner owns everything (Grigsby)
what are the exceptions to general rule?
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.
which act gives immunity from trespass or nuisance to aircraft?
The Civil Aviation Act 1982, s 76(1)
The lower airspace - Kelsen v Imperial Tobacco Co
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.
The lower airspace - Anchor Brewhouse Developments v Berkley House (Docklands) Developments
the jib of a crane trespassed in the airspace above the claimant’s property and an injunction was
granted.
D’Eyncourt v Gregory
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.
Leigh v Taylor
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.
Elitestone Ltd v Morris
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.
Formality rules for the estates and interests in land
