Revision Notes Flashcards
What is Real Property
Realty - immovable, i.e. land
Passes to heirs
Action in rem - I.e. owner can gain repossession of the thing itself
What is Personal Property
Personality/chattels
Tangible objects
Choses in action (debts shares stocks etc)
Moveable
Rights in personam (against the person)
What authority lists what is included in a conveyance of land?
S205(1)(ix) LPA 1925
Land includes the buildings, fixtures attached to the land and mines and minerals
Reinforced by S62 LPA 1925
What are the 2 tests used to decide whether something is a fixture or a fitting?
Degree of Annexation
Purpose of Annexation (this is now the predominant test)
Give 2 contrasting cases for the degree of Annexation test
Holland v Hodgson (1872) - spinning looms case. Fixtures
Hummer v Brigham (1943) heavy printing presses - not fixtures
Give 2 cases for the purpose of Annexation test
Leigh v Taylor (1902) tapestries nailed to the wall we’re Fittings because they were annexed for their better enjoyment
Contrast with Vaudeville Electric Cinema Ltd v Muriset (1923) fixtures, because the seats were fastened to the cinema floor for the permanent benefit of the cinema
What did the case of of D’Eyncourt v Gregory (1866) establish?
An object can be a fixture if it forms part of the architectural design - in this case statues figures and cases were held to be fixtures because they were part of the architectural design of the garden
CONTRAST WITH
London Borough of Tower Hamlets v London Borough of Bromley (2015) bronze sculpture rested only on its own weight was a fitting as it was capable of being moved and would cause no damage to remove
The more damage caused on removal of an item, the more likely it is to be a fixture
Name a case to support this
Elitestone v Morris (1997)
Bungalow could not be removed without its destruction so was a fixture
This was upheld in the more recent case of
Spielplatz Ltd v Pearson (2015)
What case is good for cases involving common household goods such as cookers carpets bathroom and kitchen units and curtains?
Botham v TSB Bank Plc
What are the 2 Latin phrases re objects found on and in the ground?
1) He who owns the land, owns everything extending to the heavens and to the depths of the earth
2) Whatever is attached to the ground becomes a part of it - Rogers v Longsdon (1967)
What are the exceptions to the 2 maxims re owning everything up to heavens and down to depths of the earth?
Airspace - Bernstein v Skyviews Ltd (1978)
S76 Civil Aviation Act 1982
Mines & Minerals - ownership determined by Coal Act 1938 or Petroleum Act 1998
Star Energy v Bacardo SA (2010)drilled deep under Bocardos land was held to be a trespass
Infrastructure Act 2015 now allows companies to drill below 300 metres without permission
What did the case of Armory v Delamirie (1722) establish?
Finder of object found on the ground can keep it (provided they aren’t trespassing)
Occupier of land has superior right provided they have clearly manifested control over the land any anything found on it Parker v BAB (1982)
Who has a superior right to possession of an object to that of the finder or occupier of the land?
The true owner
Who has superior rights to objects found buried in the ground?
The landowner does because the object forms part of the land even if the landowner didn’t know it existed
The true owner has a better claim than the landowner
What case sets out the criteria for trade fixtures “removable tenants fixtures”
Peel Land & Property (Ports No 3) v TS Sheerness Steel Ltd (2013)
All fixtures pass with the land to the mortgagee even those fitted after the mortgage was granted
