Revision Notes Flashcards

1
Q

What is Real Property

A

Realty - immovable, i.e. land

Passes to heirs

Action in rem - I.e. owner can gain repossession of the thing itself

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2
Q

What is Personal Property

A

Personality/chattels

Tangible objects

Choses in action (debts shares stocks etc)

Moveable

Rights in personam (against the person)

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3
Q

What authority lists what is included in a conveyance of land?

A

S205(1)(ix) LPA 1925

Land includes the buildings, fixtures attached to the land and mines and minerals

Reinforced by S62 LPA 1925

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4
Q

What are the 2 tests used to decide whether something is a fixture or a fitting?

A

Degree of Annexation

Purpose of Annexation (this is now the predominant test)

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5
Q

Give 2 contrasting cases for the degree of Annexation test

A

Holland v Hodgson (1872) - spinning looms case. Fixtures

Hummer v Brigham (1943) heavy printing presses - not fixtures

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6
Q

Give 2 cases for the purpose of Annexation test

A

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

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7
Q

What did the case of of D’Eyncourt v Gregory (1866) establish?

A

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

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8
Q

The more damage caused on removal of an item, the more likely it is to be a fixture

Name a case to support this

A

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)

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9
Q

What case is good for cases involving common household goods such as cookers carpets bathroom and kitchen units and curtains?

A

Botham v TSB Bank Plc

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10
Q

What are the 2 Latin phrases re objects found on and in the ground?

A

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)

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11
Q

What are the exceptions to the 2 maxims re owning everything up to heavens and down to depths of the earth?

A

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

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12
Q

What did the case of Armory v Delamirie (1722) establish?

A

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)

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13
Q

Who has a superior right to possession of an object to that of the finder or occupier of the land?

A

The true owner

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14
Q

Who has superior rights to objects found buried in the ground?

A

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

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15
Q

What case sets out the criteria for trade fixtures “removable tenants fixtures”

A

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

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