Introduction to Land law (L1)

Question 1

What is land law?

Answer 1

• Essential part of the legal system.
• Governs land ownership.
• Different rights and interests relating to land.

Question 2

Why is land important?

Answer 2

Scarcity of land is what makes it valuable.
Land can have value, it is not only valued by its physical characteristics.

Question 3

Control

Answer 3

• Regulating relationships between different pieces of land.
• Regulating competing interests relating to the same piece of land.

Question 4

Tangible

Answer 4

• Physical elements
• Vertical and horizontal elements

Question 5

Vertical

Answer 5

Land includes both the space above the surface and the space below the surface. The issue is how far does this space extend in respect of the land.

Question 6

Horizontal

Answer 6

Boundaries between landowners; Where does your land end and your neighbours land begin?

Question 7

Intangible

Answer 7

• Conceptual elements
• Control e.g., Easements, mortgages

Question 8

Law of Property Act, Section 205 (1)(9)

Answer 8

“Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings… an easement, right, privilege, or benefit in, over, or derived from land…”

Question 9

Bocardo v Star Energy [2010] UKSC 35

Answer 9

B owned land on top of oil field. Star Energy drilled diagonally through B’s land from the neighbouring property. Between 8-12 feet. No permission given from B. Courts declared that you owe your land to the core of the earth.

Question 10

Exceptions to owing your land to the core of the earth.

Answer 10

Eventhough you own your land to the core of the earth, there are other people that have different rights on your land, (competing interests).
- Minerals belong to the crown, e.g., Gold, silver, oil, gas
- Infrastructure Act, section 45
- Permission to access minerals without permission
- Depths of at least 300m.

Question 11

Bernstein v Sky Views [1978] QB 479

Answer 11

Sky views took Ariel pictures of B’s house. B claimed trespass.
It was held that the ownership of land extends to the height required for ordinary use and enjoyment of the land.

Question 12

Above the surface (legislation)

Answer 12

Rules of the Air Regulations 1996.
Minimum aircraft altitude 600ft.

Question 12

Kelson v Imperial Tobacco [1957] 2 QB 334

Answer 12

K owned property partially supported by a wall of neighbouring building. IT took renovations altering wall, led to K’s property being damaged. K claimed changes caused structural issues, leading to loss of support for building. IT liable for the damages, they had duty of care. Emphasises the duty of care owed by property owners, when actions could foreseeably cause harm to neighbouring properties.

Question 13

Horizontal limits, where are the boundaries? (legislation & example)

Answer 13

May be obvious , not always.
Apply to upper tribunal (land chamber) for determination: Land Registration Act 2002, section 60.
Example: With water, as the water moves, the amount of land owned also moves.

Question 14

The difference between chattels & fixtures

Answer 14

Fixtures are fixed to the land, and cannot be moved if the property is sold.
Chattels are things that can be moved, and would move with owner if the property was sold.

Question 15

The common law test: Degree of annexation

Answer 15

1. How firmly was the annexation attached?
2. Why was the annexation attached?

Question 16

Holland v Hodgson [1872] LR 7 CP 328

Answer 16

Son owned textile mill. Looms bolted to the stone floor. Land mortgaged to Holland, Mason defaulted the loan. Holland sought possession of mill, were the looms a part of the land??
Held that anything attached is a fixture.

Question 17

Elitestone v Morris [1997] 1 WLR 687

Answer 17

M’s bungalow was freestanding. Rested on its own weight on concrete pillars. Not attached to the land in any way. Was it a fixture??
It was held that even though it was freestanding, this was a fixture as it could not be moved unless it was destroyed.

Question 18

Cases involving freestanding fixtures:

Answer 18

1. Spielplatz ltd v Pearson [2015] EWCA Civ 804
2. Mew v Tristmire [2011] EWCA Civ 912
3. Caddick v Whitsand Bay Holiday Park [2015] UKUT 63 (LC)

Question 19

Berkley v Poulett [1977] 1 EGLR 86

Answer 19

P sold house to B. He sold pictures fitted to panelling rooms, marble statue resting on plinth and sundial resting on stone baluster, to third parties. Were these fixtures??
Held that so many different ways to attach items these days, the purpose of annexation is more important.

Question 20

D’Eyncourt v Gregory [1866] LR 3 EQ 382

Answer 20

Tapestries nailed to the wall, freestanding statues, freestanding garden benches, freestanding vases/ ornaments in wall niches.
Held that all fixtures as part.

Question 21

Leigh v Taylor [1902] AC 157

Answer 21

Tapestries fixed to the wall.
Held these were chattels. This was because there was no intention to permanently improve the land, the only way to hang a tapestry is by nailing them to the wall.

Question 22

Botham v TSB Bank [1996] 7 P&CR D1

Answer 22

B removed various items from house, including:
- Bathroom suite
- Kitchen cabinets
- Fitted carpets
- White goods
Held that sanitary ware and kitchen cabinets were fixtures, carpets and white goods were chattels.