Chapter 2- The land Itself

Question 1

How may a buyer obtain items relating to the land (fixtures and fittings) in a sale?

Answer 1

By a fittings and contents form

Question 2

What are the two common law presumptions used to define the extent of land?

Answer 2

1) he who owns the land, owns everything extending to the heavens and to the depths of the earth.
2) whatever is attached to the ground becomes part of it.

Question 3

What is the LPA 1925?

Answer 3

Law and property Act 1925

Question 4

What is the statutory definition of the land?

Answer 4

S205 (1)(ix) LPA 1925 defines land as, “land of any tenure, any mines or minerals whether or not held apart from the surface, buildings or parts of buildings, whether the division is horizontal vertical or made in any other way, other corporal hereditaments and other incorporeal hereditaments.

Question 5

What is tenure?

Answer 5

The way the land is held (freehold/leasehold)

Question 6

What is corporeal hereditaments?

Answer 6

Physical or tangible objects (buildings)

Question 7

What is incorporeal hereditaments?

Answer 7

Rights associated with the land (planning permission, benefit of right of way etc)

Question 8

What is a fixture?

Answer 8

Trees, buildings, plants

Question 9

Can fixtures be sold with the land?

Answer 9

Yes, unless explicitly stated otherwise.

Question 10

What are fittings also known as?

Answer 10

Chattels

Question 11

Which Section if the LPA 1952 states that the sale of land must be by deed?

Answer 11

S52 LPA 1925

Question 12

Why must a fittings and contents form be completed?

Answer 12

To distinguish what will be transferred by deed, and those that do not need to be transferred by deeds.

To prevent further disputes on shed/greenhouses etc

Question 13

Name two ways to determine the difference between fixture or fittings

Answer 13

Degree of attachment

Purpose of attachment

Question 14

Define ‘degree of attachment’

Answer 14

If it is attached to the land other than by its own weight it will be a FIXTURE

Question 15

Which case law supports degree of attachment

Answer 15

Holland v Hodgson

‘Spinning looks bolted to the floor of a mill’

Question 16

Define purposes of attachment

Answer 16

Was the object attached for its own benefit? Yes it will remain a fitting.

If it was attached to benefit the land as a whole it will be a fixture.

Question 17

Purpose of attachment - Leigh v Taylor 1902.

Answer 17

A tapestry nailed to a wall was defined as a fitting as it was hung for decoration.

Question 18

Purpose of an attachment - D’eyncourt v Gregory 1866

Answer 18

Lion statues held as fixtures as they were there to increase the owners enjoyment of the land.

Question 19

Define permanence of the attachment

Answer 19

To consider how long the object is likely to be attached to the land

Question 20

Name case law which support permanence of attachment

Answer 20

Botham v tsb bank plc

Question 21

Name 2 case law which explain permanence of attachment

Answer 21

H E Dibble v Moore (greenhouse deemed as a fitting)

Elitestone Ltd v Morris (bungalow seemed as a fixture)

Question 22

Taylor v Hammer 2002

Answer 22

Flagstones removed from property. Buyer won their case for flagstones to be returned as court held it was decent and common sense to leave them attached to the property.

Question 23

Case which supports trespass of airspace.

Answer 23

Achor brewhouse developments v Berkeley house 1987

Question 24

Bernstein v skyviews ltd (1978)

Answer 24

Case which confirms airspace is limited to that use of the ordinary purpose to enjoy the land

Question 25

Which act states air traffic cannot be a trespass?

Answer 25

s76 Civil aviation Act 1982

Question 26

Which minerals is a land owner not entitled to? And under which Act?

Answer 26

Gold, and silver belong to the crown under Treasure Act 1996.

Oil extracted from the ground belongs to the crown under Petroleum Act 1998

Question 27

Bocardo SA v Star Energy UK 2009

Answer 27

Oil company trespassed with drilling onto claimants land. Claimant offered £1k comp as it didn’t effect enjoyment of their land. Just a meet technical issue underground.

Question 28

What is the purpose of the Infrastructure Act 2015?

Answer 28

Allows oil and gas companies to frack 300 meters under land without landowners permission.

Question 29

Does the common law rule apply to subsoil down to 300 meters?

Answer 29

Yes, and supported by Bocardo SA v Star energy

Question 30

How may a seller reserve surface mineral rights?

Answer 30

By stating so explicitly.

Question 31

What is an exclusive prescriptive right?

Answer 31

A right to acquire after 20 years use

Question 32

Case example of exclusive prescriptive right

Answer 32

Lynn shellfish and others v loose and another 2016

Question 33

3 remedies for trespass land

Answer 33

Damages
Injunction
Self help (cutting branches etc)