Land 2 Flashcards
What are the 4 laws relevant to Land Law in England and Wales?
- Law of Property Act 1925 (gives key definitions e.g. 2 legal estates and 5 legal interests)* Land Registration Act 1925 (set up the system of land registration)* Land Registration Act 2002 (repealed and replaced LRA)* Land Charges Act 1925
What is the difference between real property and personal property?
- ‘Real property’ is land, or an interest in land* ‘Personal property’ is other property like a car or a refrigerator, which historically were referred to as ‘chattels’.
What are the two classes of personal property?
- Choses in Possession (physical, movable things e.g. a car)2. Choses in Action (rights (other than those relating to land) which do not have a physical existence, e.g. debts and patents)
What is land?
The term ‘land’ includes: ‘Corporeal hereditaments’ which are tangibles, including: * The surface of the land; * Buildings and parts of buildings; * Mines and minerals; * Trees and plants; * The air above the surface of land; * The ground below the surface of land; and Fixtures. ‘Incorporeal hereditaments’ which are intangibles and include: * Rights; * Easements; and * Rents. All of the above pass with the land on sale from a seller to a buyer.| Law of Property Act 1925
Are fittings included in the definition of land?
No
What are the two types of hereditaments which make up land which passes from a seller to a buyer?
- Corporeal hereditaments2. Incorporeal hereditaments
What are corporeal hereditaments, and what are some examples?
Tangible things, e.g. surface of land, buildings, mines and minerals, trees and plants, air above, ground below, and fixtures
What are incorporeal hereditaments, and what are some examples?
Intangible things, e.g. rights, easements, and rents
What are the 5 limitations on rights in land?
- Airspace* Things in the ground* Wild animals* Running water* Development and building
To what extent does a landowner have a right to the air above?
To the extent necessary for the ordinary use and enjoyment of the landExample: can’t object to passage of aircraft over land during normal flight
Is a freehold landowner entitled to all minerals under his land?
No* Statute governs: coal, oil, natural gas* The Crown is entitled to any: gold, silver, and treasure
Does a landowner own the wild animals on his land?
No, but he has a right to hunt them
What does a landowner need to draw water from a source running through their land?
A licence
Can a landowner develop or build on their land?
Only with planning permission
What is the difference between a fixture and a fitting?
Fixture: Objects affixed/annexed to land or a building so that it becomes part of the land or building (mines, minerals, buildings, trees)Fitting: Objects which are not part of the land; merely chattels
Why is the distinction between fixtures and fittings important?
On a sale of land, a seller can remove the fittings when they leave. The fixtures must remain as they form part of the land (also applies to tenants leaving at the end of a tenancy)The remedies available differ between real property and personal property.
Do fixtures pass automatically with the sale of land?
Yes
Do fittings pass automatically with the sale of land?
Not unless mentioned in the contract (usually in the Fittings and Contents Form)
What are the two tests where determining whether something is a fixture or fitting?
- Degree of annexation2. Purpose of annexation| Applicable where the parties haven’t specifically negotiated
What does the degree of annexation test provide?
The greater something is attached to the land, the more likely it is to be a fixture.If it is attached to the land other than by its own weight, it is likely to be a fixture.
What will be especially relevant in determining how attached something is?
If removing it will cause damage to the remaining land/structure
If something is nailed, screwed, or bolted to a wall, what is it likely to be under the degree of annexation test?
A fixture e.g. a built in oven
If something is standing on land under its own weight and is very difficult to move, under the degree of annexation test, what is it likely to be?
A fitting e.g. a greenhouse/statute.
What does the purpose of annexation test look at?
- Whether something was brought onto the land with an intent to make a permanent improvement or only a temporary one* If it is a permanent improvement, it is likely to be a fixture regardless of the degree of annexation. * The result of this test prevails.
If something was brought onto the land with the intent to permanently improvement the land, what becomes irrelevant?
The degree of annexation. The object will be a fixture e.g. a freestanding statue that is part of the architectural design of the house.
A homeowner hired a landscape architect to arrange their garden. The architect set out pathways in the garden lined with shrubs and flowerbeds. They also strategically placed a number of stone garden seats, statues, and vases throughout the garden - all of which were free standing and could be removed without too much effort. Are the stone garden seats, statues, and vases fixtures or fittings?
These are fixtures (D’Eyncourt v Gregory (1866)). Under the degree of the annexation test, these easily removable items would be fittings. But that test is not definitive. We have to think about intent. Were the items brought onto the land to be a permanent improvement? They were. The items were part of the architectural design of the garden - and the garden is the land itself. Therefore, the purpose test will prevail - these are fixtures.
