extent of land

Question 1

where is the definition of land contained?

Answer 1

Law of Property Act 1925, s205 (1)

Question 2

what does land include?

Answer 2

all tenures
mines and minerals that form part of the land
all buildings and tangible property that forms part of the land such as trees
intangible rights in land, such as easements and leases

Question 3

what is the key case for ownership of the higher and lower stratum?

Answer 3

Bernstein v Skyviews [1978]

Question 4

what did the court conclude in Bernstein?

Answer 4

the rights of the owner of land in the airspace above it extent ‘to such a height as is necessary for the ordinary use and enjoyment of his land and the structures upon it’

Question 5

what are corporeal hereditaments?

Answer 5

real property having physical form (building, minerals or fixtures)

Question 6

what is the leading case for distinguishing between a chattel and a fixture?

Answer 6

Holland v Hodgson (1871)

Question 7

what was the relevant test from Holland v Hodgson?

Answer 7

degree of annexation and purpose of annexation

Question 8

what is the degree of annexation test?

Answer 8

1. is the item resting on the land merely by its own weight
2. can the item be removed easily without causing damage to the item or land