Nature of Land Flashcards
What are the 2 classes of Personal Property?
Choses in Possession (physical things like a car)
Choses in Action (rights not related to land, like debts or patents)
What are “Corporeal Hereditaments”?
Tangible parts of the land:
- Surface
- Buildings on the land
- Minerals and ground below the surface
- Air above
- Trees and plants
What are “Incorporeal Hereditaments”?
Intangible parts of the land:
- Rights
- Easements
- Rents
What is the limitation on the airspace above your land?
A landowner cannot object to an aircraft flying overhead during a normal flight.
Rule: A land owner only has rights in the airspace above their land ONLY to such height as is necessary for the ordinary use and enjoyment of the land.
What is the limitation on the ground beneath your land?
It does not include coal, oil, or natural gas.
Crown gets any gold, silver, or buried treasure.
What is the limitation on wild animals on your land?
Landowner does not own them, but can hunt them
What is the limitation on running water on your land? (e.g., a stream)
Can only draw water from it with a license to do so.
What is the limitation on developing/building on your land?
It is subject to planning control and must generally be done with planning permission.
What is the difference between a Fixture and a Fitting?
Fixture: Objects affixed to land so that it becomes part of the land
Fittings: Chattels which are not part of the land.
Fixtures & Fittings: What passes upon transfer of the land?
Fixtures pass AUTOMATICALLY on sale of the land, they do not need to be specifically mentioned in the contract for transfer.
Fittings only pass if they are specifically mentioned in the contract for transfer, since they are not part of the land.
What are the 2 tests to decide whether an object has BECOME a fixture to the land?
(1) The degree the item has become affixed to the land,
(2) Intent to make the object a fixture to the land (this test is the more important one- it will prevail over the two)
