LAND

Question 1

When you are buying land, what is included?

Answer 1

S62 LPA 1925 - states that you are getting everything that counts as land

Question 2

What counts as land?

Answer 2

Under s205(1)(IX) LPA 1925:

• mines & minerals
• physical land
• any buildings on the land
• other corporeal hereditaments (physical things attached to the land - fixtures)
• incorporeal hereditaments (the benefit of any proprietary rights that the property has that have no physical substance - easements)

Question 3

What is the difference between upper and lower airspace?

Answer 3

Lower airspace is a height as is necessary for the reasonable enjoyment of the particular piece of land
Upper airspace is above lower airspace and owner has no rights over it

Question 4

If a structure over hands your property so that it is in the lower airspace, this is not trespass (T or F?)

Answer 4

False - it will be trespass irrespective of whether damage is caused to your property
- also interference with the airspace directly above someone else’s land is sufficient to constitute a trespass

Question 5

Who owns the ground beneath the surface of a specific piece of land?

Answer 5

A conveyance of land will include the space below the ground (up to approx 300m) so whoever owns the land

Question 6

What is the legal test for whether an object is a fixture or a chattel?

Answer 6

Degree of annexation and purpose of annexation test
- The degree of annexation test produces a presumption, which can be rebutted by the more decisive purpose of annexation test.

Question 7

What is the degree of annexation test?

Answer 7

• This is the first test to be applied: the more firmly the object is fixed to the land or building, the more likely it is to be classified as a fixture.
  ○ Even if it is fairly easy to remove, its character is still prima facie that of a fixture.
• If, on the other hand, it rests on the land by its own weight, it is generally considered to be a chattel.

Question 8

What is the purpose of annexation test?

Answer 8

• The second test considers why the object is attached to the land/building.
  ○ It asks whether the annexation was for the more convenient use or enjoyment of the chattel as a chattel, or to enhance the land or building in some way.
• The purpose of installing the item is looked at objectively (Botham v TSB Bank plc) to determine whether the item was put in the property to improve the property permanently, or whether it was put there temporarily for the more convenient use or enjoyment of the object (tapestry tacked to a wall).
  ○ If for the more convenient use of the chattel, it remains a chattel notwithstanding a degree of annexation, as long as the degree of annexation is no more than necessary for the enjoyment of the chattel.
  ○ That said, if an item cannot be removed without causing damage to the fabric of the building, it is likely to be a fixture.

Question 9

Which test (degree or purpose of annexation) prevails?

Answer 9

• The ‘purpose test’ prevails over the ‘degree test’

Question 10

Will a chattel be classified as a fixture if it is incorporated into the architectural design of a building?

Answer 10

Likely to be classified as a fixture not a chattel even if they are not firmly affixed