1. The Nature of Land

Question 1

What are the two categories of personal property (property except interests in land)?

Answer 1

1. Choses in possession
2. Choses in action

Question 2

What are choses in possession?

Answer 2

Physical, moveable things, e.g. a car

Question 3

What are choses in action?

Answer 3

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

Question 4

What are the two types of hereditaments (property which can be inherited) which make up land which passes from a seller to a buyer?

Answer 4

1. Corporeal hereditaments
2. Incorporeal hereditaments

Question 5

What are corporeal hereditaments, and what are some examples?

Answer 5

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

Question 6

What are incorporeal hereditaments, and what are some examples?

Answer 6

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

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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

Question 9

Does a landowner own the wild animals on his land?

Answer 9

No, but he has a right to hunt them

Question 10

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

Answer 10

A licence

Question 11

What is a fixture?

Answer 11

Real property permanently attached to the land

Question 12

What is a chattel?

Answer 12

Physical object which is separate from the land

Question 13

Do fixtures pass automatically with the sale of land?

Answer 13

Yes

Question 14

Do fittings (chattels) pass automatically with the sale of land?

Answer 14

Not unless mentioned in the contract

Question 15

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

Answer 15

1. Degree of annexation
2. Purpose of annexation

Question 16

What does the degree of annexation test provide?

Answer 16

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

Question 17

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

Answer 17

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

Question 18

What does the purpose of annexation test look at?

Answer 18

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

Question 19

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

Answer 19

The degree of annexation