Land 2

Question 1

What are the 4 laws relevant to Land Law in England and Wales?

Answer 1

• 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5 legal interests)* Land Registration Act 1925 (set up the system of land registration)* Land Registration Act 2002 (repealed and replaced LRA)* Land Charges Act 1925

Question 2

What is the difference between real property and personal property?

Answer 2

• ‘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’.

Question 3

What are the two classes of personal property?

Answer 3

1. 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)

Question 4

What is land?

Answer 4

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

Question 5

Are fittings included in the definition of land?

Answer 5

No

Question 6

What are the two types of hereditaments which make up land which passes from a seller to a buyer?

Answer 6

1. Corporeal hereditaments2. Incorporeal hereditaments

Question 7

What are corporeal hereditaments, and what are some examples?

Answer 7

Tangible things, e.g. surface of land, buildings, mines and minerals, trees and plants, air above, ground below, and fixtures

Question 8

What are incorporeal hereditaments, and what are some examples?

Answer 8

Intangible things, e.g. rights, easements, and rents

Question 9

What are the 5 limitations on rights in land?

Answer 9

• Airspace* Things in the ground* Wild animals* Running water* Development and building

Question 10

To what extent does a landowner have a right to the air above?

Answer 10

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

Question 11

Is a freehold landowner entitled to all minerals under his land?

Answer 11

No* Statute governs: coal, oil, natural gas* The Crown is entitled to any: gold, silver, and treasure

Question 12

Does a landowner own the wild animals on his land?

Answer 12

No, but he has a right to hunt them

Question 13

What does a landowner need to draw water from a source running through their land?

Answer 13

A licence

Question 14

Can a landowner develop or build on their land?

Answer 14

Only with planning permission

Question 15

What is the difference between a fixture and a fitting?

Answer 15

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

Question 16

Why is the distinction between fixtures and fittings important?

Answer 16

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.

Question 17

Do fixtures pass automatically with the sale of land?

Answer 17

Yes

Question 18

Do fittings pass automatically with the sale of land?

Answer 18

Not unless mentioned in the contract (usually in the Fittings and Contents Form)

Question 19

What are the two tests where determining whether something is a fixture or fitting?

Answer 19

1. Degree of annexation2. Purpose of annexation| Applicable where the parties haven’t specifically negotiated

Question 20

What does the degree of annexation test provide?

Answer 20

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.

Question 21

What will be especially relevant in determining how attached something is?

Answer 21

If removing it will cause damage to the remaining land/structure

Question 22

If something is nailed, screwed, or bolted to a wall, what is it likely to be under the degree of annexation test?

Answer 22

A fixture e.g. a built in oven

Question 23

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?

Answer 23

A fitting e.g. a greenhouse/statute.

Question 24

What does the purpose of annexation test look at?

Answer 24

• 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.

Question 25

If something was brought onto the land with the intent to permanently improvement the land, what becomes irrelevant?

Answer 25

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.

Question 26

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?

Answer 26

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.