The Concept of Property

Question 1

Where can the definition of Land be found?

Answer 1

s.205 (1) (ix) Law of Property Act 1925

Question 2

What are corporeal hereditaments?

Answer 2

“Everything from the very heavens and down to the depths of hell” - Star Energy v Bocardo

Question 3

Can Land be divided horizontally?

Answer 3

Yes - like blocks of flats

Question 4

What are fixtures?

Answer 4

Something that is part of the land - s62 Law of Property Act 1925

Question 5

What are fittings/ chattels?

Answer 5

Ornaments or something added afterwards - D’Eyncourt v Gregory

Question 6

Test of annexation for fixtures?

Answer 6

Holland v Hodgson

Question 7

What are incorporeal hereditaments?

Answer 7

s205(1)(ix) Law of Property Act 1925

Question 8

Elitestone v Morris

Answer 8

Facts: - Bungalow placed on concrete blocks but not attached but blocks were

• D occupied bungalow under a lease but to be protected bungalow had to be land
• Landlord argued wasn’t land because it wasn’t attached in any way

Judgment: Was land

L.P: -HoL held it was land despite annexation
-Intention of land is important an will apply a common sense test

Question 9

Bocardo v Star Energy

Answer 9

Facts: - All petroleum is owned by the Crown and Star Energy had a license to bore oil
- To reach a reservoir they would have to bore at an angle beneath land belonging to C -who sued for trespass

Judgment: D had trespassed

L.P: - “Up to heaven and down to hell”
- Far from being so deep as to the point of absurdity - as it could be reached