Chapter 2- The land Itself Flashcards
How may a buyer obtain items relating to the land (fixtures and fittings) in a sale?
By a fittings and contents form
What are the two common law presumptions used to define the extent of land?
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.
What is the LPA 1925?
Law and property Act 1925
What is the statutory definition of the land?
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.
What is tenure?
The way the land is held (freehold/leasehold)
What is corporeal hereditaments?
Physical or tangible objects (buildings)
What is incorporeal hereditaments?
Rights associated with the land (planning permission, benefit of right of way etc)
What is a fixture?
Trees, buildings, plants
Can fixtures be sold with the land?
Yes, unless explicitly stated otherwise.
What are fittings also known as?
Chattels
Which Section if the LPA 1952 states that the sale of land must be by deed?
S52 LPA 1925
Why must a fittings and contents form be completed?
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
Name two ways to determine the difference between fixture or fittings
Degree of attachment
Purpose of attachment
Define ‘degree of attachment’
If it is attached to the land other than by its own weight it will be a FIXTURE
Which case law supports degree of attachment
Holland v Hodgson
‘Spinning looks bolted to the floor of a mill’
Define purposes of attachment
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.
Purpose of attachment - Leigh v Taylor 1902.
A tapestry nailed to a wall was defined as a fitting as it was hung for decoration.
Purpose of an attachment - D’eyncourt v Gregory 1866
Lion statues held as fixtures as they were there to increase the owners enjoyment of the land.
Define permanence of the attachment
To consider how long the object is likely to be attached to the land
Name case law which support permanence of attachment
Botham v tsb bank plc
Name 2 case law which explain permanence of attachment
H E Dibble v Moore (greenhouse deemed as a fitting)
Elitestone Ltd v Morris (bungalow seemed as a fixture)
Taylor v Hammer 2002
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.
Case which supports trespass of airspace.
Achor brewhouse developments v Berkeley house 1987
Bernstein v skyviews ltd (1978)
Case which confirms airspace is limited to that use of the ordinary purpose to enjoy the land
Which act states air traffic cannot be a trespass?
s76 Civil aviation Act 1982
Which minerals is a land owner not entitled to? And under which Act?
Gold, and silver belong to the crown under Treasure Act 1996.
Oil extracted from the ground belongs to the crown under Petroleum Act 1998
Bocardo SA v Star Energy UK 2009
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.
What is the purpose of the Infrastructure Act 2015?
Allows oil and gas companies to frack 300 meters under land without landowners permission.
Does the common law rule apply to subsoil down to 300 meters?
Yes, and supported by Bocardo SA v Star energy
How may a seller reserve surface mineral rights?
By stating so explicitly.
What is an exclusive prescriptive right?
A right to acquire after 20 years use
Case example of exclusive prescriptive right
Lynn shellfish and others v loose and another 2016
3 remedies for trespass land
Damages
Injunction
Self help (cutting branches etc)
