1. The Nature of Land Flashcards

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1
Q

What are the two categories of personal property?

A
  1. Choses in possession
  2. Choses in action
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2
Q

What are choses in possession?

A

Physical, moveable things, e.g. a car

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3
Q

What are choses in action?

A

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

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4
Q

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

A
  1. Corporeal hereditaments
  2. Incorporeal hereditaments
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5
Q

What are corporeal hereditaments, and what are some examples?

A

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

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6
Q

What are incorporeal hereditaments, and what are some examples?

A

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

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7
Q

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

A

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

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8
Q

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

A

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

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9
Q

Does a landowner own the wild animals on his land?

A

No, but he has a right to hunt them

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10
Q

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

A

A licence

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11
Q

Do fixtures pass automatically with the sale of land?

A

Yes

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12
Q

Do fittings pass automatically with the sale of land?

A

Not unless mentioned in the contract

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13
Q

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

A
  1. Degree of annexation
  2. Purpose of annexation
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14
Q

What does the degree of annexation test provide?

A

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

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15
Q

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

A

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

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16
Q

What does the purpose of annexation test look at?

A

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

17
Q

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

A

The degree of annexation