Land - Chapters 1-4

Question 1

Bernstein of Leigh (Baron) v Skyviews and General Ltd

Answer 1

Airspace:

Owner’s restriction of use over his land is limited to the height that is necessary for ordinary use and enjoyment of his land. Above this height is left for the public.

Question 2

Ellis v Loftus Iron Co

Answer 2

Airspace:

A horse leaning its face across a fence over to neighbouring land is deemed trespassing.

Question 3

Grigsby v Melville

Answer 3

Below ground:

Ordinarily includes space below his land to be under owner’s control.

Question 4

Cuius est solum eius est usque ad coelum et ad inferos

Answer 4

The owner of land essentially owns everything above and below. (Subject to restrictions)

Question 5

Water

Answer 5

The bed of a river belongs to the owner and in cases where a body of water borders two sets of land, each owner owns up to the mid-point of the water.

Question 6

Things found on land - structure

Answer 6

1) True owner has superior rights (Moffat v Kazana)
2) Is it treasure? (Treasure act 1996) - if yes, Crown
3) Landowner v Finder:
- Objects within/attached to land - landowner is entitled to ownership whether or not he was aware of the object’s existence (Waverly v Fletcher)
- Objects unattached to land - finders may take ownership of the property unless the landowner has declared intention to maintain control over the premises (Parker v BAB).

Question 7

Moffat v Kazana

Answer 7

Finders:

True owner has superior rights.

Question 8

Waverly v Fletcher

Answer 8

Finders (not treasure)

Objects within/attached to land - landowner is entitled to ownership whether or not he was aware of the object’s existence.

Question 9

Parker v BAB

Answer 9

Finders (not treasure)

Objects unattached to land - finders may take ownership of the property unless the landowner has declared intention to maintain control over the premises.

Question 10

Define fixtures and chattels

Answer 10

Fixtures - Form part of the land and must remain with the land when land sold on.

Chattels - removable object that doesn’t form part of the land - seller free to take them.

Question 11

Test to determine fixture v chattel

Answer 11

Test 1: Degree and method of annexation - How firmly is it attached to the land, will it cause damage if removed?

Test 2: Object and purpose of annexation.

Question 12

D’Eyncourt

Answer 12

fixture v chattel - object/purpose test:

If object forms part of the architectural design of garden / house = fixture even if free standing / not firmly fixed.

Question 13

Leigh

Answer 13

fixture v chattel - object/purpose test:

Annexation is only way object can serve its function / purpose.

Question 14

Berkley v Poulett

Answer 14

Statue held to be chattel, provided capable of being removed without causing damage and not part of architectural design.

Plinth held to be fixture.

Question 15

Botham v TSB

Answer 15

Light fittings, white goods, carpets and curtains (provided no damage in removal) usually held to be chattels.

Question 16

Elitestone v Morris

Answer 16

Greenhouse and garden shed held to be chattels, provided capable of being easily dismantled and transferred around garden.

Question 17

McCausland

Answer 17

Any variation of contract needs to be compliant with s.2 LPMPA

Question 18

NE Properties v Coleman

Answer 18

If main contract is conditional on separate contract, can’t use it.