Proprietary Rights

Question 1

All land owned by crown, so what do people own?

Answer 1

Estate: proprietary right to physically possess, use, enjoy & deal with land to exclusion of all others

Question 2

Freehold estate rights extend to:

Answer 2

Physical surface area of land
Lower airspace above surface area necessary for ordinary use & enjoyment of land (qualified by Civil Aviation Act 1982)
Ground below surface area
Wild plants
Wild animals killed on land
Buildings
Incorporeal herediments benefitting land
Soil water flows over -> separated: middle
Fixtures

Question 3

Invasion of lower airspace:

Answer 3

Actionable as trespass (anchor brewhouse v berkley)

Question 4

Upper airspace not owned:

Answer 4

Bernstein v skyviews: plane taking aerial photos

Question 5

Ground below surface qualified by:

Answer 5

Coal industry act 1994

Question 6

Chattel is attached to land (and so fixture) depends on which tests:

Answer 6

Degree of annexation test & purpose of annexation test (Holland v hodgson)

Question 7

Which is more dominant test?

Answer 7

Purpose of annexation test (hamp v bygrave)

Question 8

No annexation: chattel. Unless:

Answer 8

Weight means no annexation needed (elitestone v Morris: bungalows were fixtures despite not being attached to land as were stood on pillars attached to ground)

Question 9

If purpose is to enjoy object as chattel: chattel

Answer 9

Leigh v Taylor: tapestries attached to walls: chattels

Question 10

If purpose is to make improvement to property: fixture

Answer 10

D’Eyncourt v Gregory: marble lion statues & garden seats: fixtures

Question 11

Other factors considered in chattel/fixture distinction:

Answer 11

Moveability
Life span
Damage land when moved?
Type of person who installed it: builder (fixture) or subcontractor (chattel)?
(Botham v TSB bank)

Question 12

Run with the land, enduring because:

Answer 12

Unique
Expensive
Rare