Estates & TPIs: What is Land? Flashcards
Who can have interests in a piece of land?
Aside from the obvious land ‘owner,’ third parties such as spouses with rights to live there, neighbors with rights of way, and banks holding mortgages may also have claims to rights in the same land.
Why is it important to classify interests and rights in land?
Classifying interests and rights accurately is crucial for understanding whether they have been correctly created, relying on basic land law concepts to comprehend the entirety of land law.
Is the term “property” synonymous with “land”?
While often used interchangeably, “property” does not exclusively refer to land; it encompasses a broader category of resources including tangible items like cars and intangible assets like company shares.
What is included in the legal definition of land?
The legal definition of land extends beyond the surface to include buildings, mines, minerals, easements, rights, and other incorporeal hereditaments as defined in s 205(1)(ix) of the Law of Property Act 1925.
What is transferred when conveying “all my land”?
The transfer includes the land, any buildings, mines, minerals, manorial rights, easements, and rights like fishing rights,
but not movable property such as cars or animals.
To what extent does a landowner own the airspace above their property?
A landowner’s rights to airspace are limited to the height necessary to enjoy the land and its structures.
Beyond that, the claim to airspace is no greater than that of the general public, as clarified in 🌌Bernstein of Leigh (Baron) v Skyviews & General Ltd.
What is the difference between a chattel and a fixture in property law, and why does this distinction matter?
Chattels are movable items like furniture or artworks, while fixtures are chattels that have been attached to the land, becoming part of it.
This distinction matters in property transactions because it affects what is included in a sale. Fixtures are considered part of the property and are sold with it, whereas chattels can be removed by the seller.
What criteria are used to determine if an item has become a fixture?
Two main criteria are used:
1. the degree and method of annexation to the land, and
2. the object and purpose of the annexation.
These criteria help to determine if an item is intended to be part of the land (fixture) or remains personal property (chattel).
What are the key facts and decision in Berkley v Poulett?
In Berkley v Poulett, the dispute centered on whether certain items (pictures, prints, a statue, and a sundial) were fixtures or chattels.
The court considered the degree of attachment and the purpose of the items being on the property.
It ruled that none of the contested items, except for the prints affixed to walls, were fixtures.
The decision highlighted the importance of the intention behind attaching items to the property.
How can parties avoid disputes over fixtures and chattels in property sales?
To prevent ambiguity and disputes, it’s crucial for the sale contract to explicitly state which items are included as part of the property sale (fixtures) and which are not (chattels).
This clarity helps ensure that both buyer and seller have accurate expectations about what is being bought or sold.
What exceptions exist regarding the removal of fixtures?
Two main exceptions allow for the removal of fixtures:
1) Sellers may include provisions in the sale contract for the right to remove specific fixtures.
2) Tenants may have the right to remove “tenant’s fixtures,” such as trade, agricultural, or ornamental items, under certain conditions.
How does the purpose of annexation influence whether an item is a fixture?
If the purpose is to enhance the property or for the item to be an integral part of the property, it’s likely a fixture.
However, if the item is affixed for its better enjoyment as a chattel (e.g., for decorative purposes), it may not be considered a fixture, even if physically attached.
This principle was illustrated in cases like Leigh v Taylor, where decorative tapestries were deemed not to be fixtures because they were intended to be enjoyed as art, despite being affixed to walls.
What does the basic principle of ‘quicquid plantatur solo, solo cedit’ mean?
It means “whatever is affixed to the ground becomes part of it.” If there is no physical annexation, then there is no fixture.
Can heavy objects that rest on their own weight be considered fixtures?
Yes, heavy objects resting on the ground by their own weight alone can be fixtures if they are so heavy that there’s no need for additional securing and were placed to improve the realty.
However, prima facie, such objects are not fixtures but may be considered as such depending on their purpose and integration with the property.
How does the removability of an object affect its classification as a fixture?
An object affixed to realty but capable of being removed without significant difficulty may still be considered a fixture if its affixing serves a specific purpose, like creating a cohesive aesthetic for a room.
This principle is illustrated by cases like Re Whaley and Lord Chesterfield’s Settled Estates, where the intention behind the annexation played a crucial role.
What does Lord Chesterfield’s Settled Estates (1911) contribute to the understanding of fixtures?
In Lord Chesterfield’s Settled Estates, Grinling Gibbons carvings that had been affixed to a suite of rooms 200 years earlier were held to be fixtures.
This case underscores that even historical and valuable chattels can become part of the realty if their placement is integral to the property’s architectural design, thereby highlighting the role of intention and the object’s contribution to the realty’s enhancement in determining fixture status.
