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