Land Law - The Nature of Land

Question 1

Legal Framework

Answer 1

• Law of Property Act 1925
• Land Registration Act 1925 (repealed and replaced by LRA 2002)
• Land Charges Act 1925

Question 2

Personal property

Answer 2

• Choses in action = rights (other than those relating to land) which do not have a physical existence such as debts and patents
• Choses in possession = physical, moveable things (i.e. a car)

An interest in land is real property

Question 3

Corporeal Hereditaments

Answer 3

Surface of the land, buildings, parts of buildings, mines, minerals, trees and plants, airspace above the land (to the extent that it is reasonably necessary for the enjoyment of the property)

Tangible things

Limitations:

1. Landowner not entitled to all mines and minerals
2. Coal, oil, gas is governed by statute
3. Gold and silver owned by the Crown
4. Landowner can hunt wild animals but does not own them
5. Landowner needs a licence to take water

Question 4

Incorporeal Hereditaments

Answer 4

Rights, easements and rents

Intangible things

Question 5

Fixtures

Answer 5

• Definition of land also includes fixtures but does not include fittings
• Fixtures are part of the land that pass automatically on sale

Question 6

Fittings

Answer 6

Do not form part of the land and, therefore, do not pass unless mentioned in contract

Question 7

Tests to decipher between fixture v fitting

Answer 7

1. Degree of annexation
2. Purpose of annexation

If there is a conflict between the tests the purpose test will prevail

Question 8

Degree of Annexation

Answer 8

Greater degree of attachment to land the more likely an item is to be a fixture

If relatively easy to remove the item it is more likely to be a fitting

Question 9

Purpose of Annexation

Answer 9

Why was the item brought onto the land?

If a permanent improvement to the land it may fall into the definition of a fixture (e.g. part of the architectural design)