Cases - land

Question 1

Matchitt v Whangara

Answer 1

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

Question 2

Star Energy Weald Basin Ltd v Bocardo SA

Answer 2

Trespass
Facts:
- Drilled for oil from side
Held:
- Title extended to this depth

Question 3

De Richaumont Investment Co Ltd v OTW Advertising Ltd

Answer 3

Common law starting point of no right to enter land without permission

Question 4

Elitestone Ltd v Morris

Answer 4

Fixtures
Facts:
- Bungalow resting on concrete piles
Held:
- Purpose of annexation is an objective test
- Was fixed to land

Question 5

Melluish v BMI

Answer 5

Fixtures
Facts:
- Equipment installed into ground for tennants
- Contract was to remain chattels
Held:
- Outwards appearance showed it was a fixture

Question 6

London Borough of Tower Hamlets v London Borough of Bromley

Answer 6

Fixtures
Facts:
- Statue resting on own weight
- Value not dependant on location
Held:
- Statue not a chattel

Question 7

Lockwood Buildings Limited v Trust Bank Canterbury

Answer 7

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

Question 8

Ratana v Tihi

Answer 8

Fixtures
Facts:
- Deed said house was to remain a chattel
Held:
- House was a fixture
- Deed did not change this

Question 9

Lake Edge Developments Ltd v Kawarau Village Holdings Ltd

Answer 9

Fixtures
Facts:
- Rock anchors fixed into the ground
Held:
- Anchors clearly part of the land

Question 10

Re Richards

Answer 10

Buying and selling land
Facts:
- Vendor died
- Purchaser could sue for specific performance
Held:
- An equitable title passes after unconditional contract and before registration

Question 11

Clarke v Ramuz

Answer 11

Buying and selling land
- Vendor trustee
- Have certain fiduciary obligations
- Must preserve property in its state at time of contract

Question 12

Englewood Properties v Patel

Answer 12

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

Question 13

Chang v Registrar v Titles

Answer 13

Buying and selling land
- Vendor trustee duties more limited

Question 14

Jerome v Kelly

Answer 14

Buying and selling land
- Vendor trustee retains right to income and enjoyment of land before settlement

Question 15

Batchelar Centre Ltd v Westpac New Zealand

Answer 15

Buying and selling land
Facts:
- Contract clause allowing westpac to accept a higher offer if it came in
Held:
- Contractual freedom
- No breach

Question 16

Bevin v Smith

Answer 16

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)

Question 17

Motor Works Ltd v Westminster Auto Services Ltd

Answer 17

Buying and selling land
- Right of first refusal is not an equitable interest
- But will become an equitable interest when triggered

Question 18

Palm Gardens Consolidated Pty Ltd v PG Properties Pty Ltd

Answer 18

Buying and selling land
Facts:
- Option to purchase contingent on finishing units
Held:
- True condition precedent
- Option never arose

Question 19

Cousins v Wilson

Answer 19

Buying and selling land
Facts:
- Trees damaged
Held:
- Equitable interest not enough to sue in trespass

Question 20

Logan v Logan

Answer 20

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

Question 21

Meha v Haggerty

Answer 21

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

Question 22

Potton Developments Ltd v Thompson

Answer 22

Fixtures
Facts:
- Large box units
- Nailed into ground and touched up to look perfect
Held:
- Units were chattels

Question 23

Queenstown Central Ltd v March Construction

Answer 23

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

Question 24

Hollins v Hodgson

Answer 24

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)

Question 25

Te Whata-Waiwhatawhata

Answer 25

Māori freehold land
- Difficult to convince court to change land status

Question 26

Taueki-Horowhenua

Answer 26

Māori freehold land
Facts:
- MFL belonging to incorporation
- Want to sell to non PCAs
Held:
- time offered should be reasonable and practical