Lecture 1 - Concept of property Flashcards
what is the meaning of land
under s 205(1) law of property act 1925 “land includes land of any tenure and mines and minerals whether or not held apart from the surface, buildings or parts of buildings and other corporeal hereditaments; also a manor, an advowson and a rent and other incorporeal hereditaments and an easement, right privilege, or benefit in, over, or derived from land”
what are corporeal hereditaments
any physical or tangible object e.g a building
how much height above land is an owner entitled too
as shown in bernstein v skyviews the height is restricted to such a height as is reasonably necessary for “landowners reasonable enjoyment
what is the significance of kelsen v imperial tobacco 1957
highlights that a landowner owns the airspace above his land and can bring a claim for trespass against an intruder
what is the significance of star energy v bocardo 2010
highlights that in relation to land below ground the depths do not reach the point of absurdity until humans cannot reach it anymore by any means
what constitutes things on land
buildings firmly attached to land and objects on the land as shown in parker v british airways and waverley BC v Fletcher - highlights that objects found on land always belong to the owner
what is the difference between a fixture and a fitting
fixtures are something which is part of the land whereas fittings are a chattel (tangible, movable property)
what is the significance of taylor v hamer 2003
highlights that fixtures which have been removed from a property should be restored
what is the significance of holland v hodgson
highlights how to tell the difference between a fixture and a chattel by considering 1. the degree of annexation to the property and 2. the purpose of the annexation
what are incorporeal hereditaments
certain intangible rights which may be enjoyed in, over or in respect of land but not actual things
