Land

Question 1

LPA 1925, s205 , definition of land

Answer 1

“Land” includes land of any tenure , and mines and minerals , whether or not held apart from the surface , buildings or parts of buildings .

Question 2

Mew v Tristmere Ltd (2011)

Answer 2

The house boats did not form part of the realty and remained chattels . In examining the object of annexation the court was to have regard to the circumstances prevailing when the boats first came to the site . At this time the boats were easily movable and not intended to be permanent structures . The tenancies of the plots did not extend to the boats .

Question 3

Elitestone v Morris (1997)

Answer 3

Landowners have property rights over part and parcel objects. Part and parcel test:

1. The degree of annexation to the land
2. The (objectively determined) purpose of annexation

Question 4

Chelsea Yacht and Boat Co v Pope (2001)

Answer 4

Tuckey LJ “ it is important to best in mind that what is required is sufficient attachment to the land so that the chattel becomes part of the land itself”