Cases - land Flashcards
Matchitt v Whangara
Trespass
Facts:
- Eviction notice
- New owners removed everything
- Eviction order not yet actionable
Held:
- Will be trespass even if if the trespasser honestly believed they had a right to be there
- Set out trespass elements
Star Energy Weald Basin Ltd v Bocardo SA
Trespass
Facts:
- Drilled for oil from side
Held:
- Title extended to this depth
De Richaumont Investment Co Ltd v OTW Advertising Ltd
Common law starting point of no right to enter land without permission
Elitestone Ltd v Morris
Fixtures
Facts:
- Bungalow resting on concrete piles
Held:
- Purpose of annexation is an objective test
- Was fixed to land
Melluish v BMI
Fixtures
Facts:
- Equipment installed into ground for tennants
- Contract was to remain chattels
Held:
- Outwards appearance showed it was a fixture
London Borough of Tower Hamlets v London Borough of Bromley
Fixtures
Facts:
- Statue resting on own weight
- Value not dependant on location
Held:
- Statue not a chattel
Lockwood Buildings Limited v Trust Bank Canterbury
Fixtures
Facts:
- Show home nailed to ground and connected to electricity
- Average buyer would have thought it was a fixture
Held:
- Part of the land
Ratana v Tihi
Fixtures
Facts:
- Deed said house was to remain a chattel
Held:
- House was a fixture
- Deed did not change this
Lake Edge Developments Ltd v Kawarau Village Holdings Ltd
Fixtures
Facts:
- Rock anchors fixed into the ground
Held:
- Anchors clearly part of the land
Re Richards
Buying and selling land
Facts:
- Vendor died
- Purchaser could sue for specific performance
Held:
- An equitable title passes after unconditional contract and before registration
Clarke v Ramuz
Buying and selling land
- Vendor trustee
- Have certain fiduciary obligations
- Must preserve property in its state at time of contract
Englewood Properties v Patel
Buying and selling land
- Scope of vendor trustee duties more limited than normal trustee
- Include:
1. Keep in state of cultivation
2. Reasonable care to keep in reasonable state
3. Prevent removal of soil
4. Ensure property doesn’t deteriorate
5. Not abandon rubbish
6. Don’t let a business lapse
Chang v Registrar v Titles
Buying and selling land
- Vendor trustee duties more limited
Jerome v Kelly
Buying and selling land
- Vendor trustee retains right to income and enjoyment of land before settlement
Batchelar Centre Ltd v Westpac New Zealand
Buying and selling land
Facts:
- Contract clause allowing westpac to accept a higher offer if it came in
Held:
- Contractual freedom
- No breach
Bevin v Smith
Buying and selling land
- If there is a conditional contract on P doing something
- They will receive an interest even if not yet fulfilled
- 2 types of conditional contracts:
1. Conditions precedent (contract only after)
2. Conditions subsequent (contract exists before)
Motor Works Ltd v Westminster Auto Services Ltd
Buying and selling land
- Right of first refusal is not an equitable interest
- But will become an equitable interest when triggered
Palm Gardens Consolidated Pty Ltd v PG Properties Pty Ltd
Buying and selling land
Facts:
- Option to purchase contingent on finishing units
Held:
- True condition precedent
- Option never arose
Cousins v Wilson
Buying and selling land
Facts:
- Trees damaged
Held:
- Equitable interest not enough to sue in trespass
Logan v Logan
Māori freehold land
- Reasonable period for right of first refusal
- If clear lengths are taken by seller to inform PCAs, 15 days will be sufficient
Meha v Haggerty
Māori freehold land
Facts:
- Wanted to convert land to general land
- Said would be more profitable
Held:
- High bar to satisfy this
- Reluctant to change land status
Potton Developments Ltd v Thompson
Fixtures
Facts:
- Large box units
- Nailed into ground and touched up to look perfect
Held:
- Units were chattels
Queenstown Central Ltd v March Construction
Fixtures
Facts:
- Large mound of soil on land
- Covered with topsoil and grass
- Resource consent requiring removal of it
Held:
- Common sense approach required
- Resource consent meant it was a chattel
Hollins v Hodgson
Fixtures
Elements are:
1. Degree of annexation
2. Purpose of annexation
Presumptions:
- If physically attached, presumed part of the land (onus to prove not)
- If not physically attached, presumed not part of the land (onus to prove is)
Te Whata-Waiwhatawhata
Māori freehold land
- Difficult to convince court to change land status
Taueki-Horowhenua
Māori freehold land
Facts:
- MFL belonging to incorporation
- Want to sell to non PCAs
Held:
- time offered should be reasonable and practical
