The Meaning of Land Flashcards
What is Land?
Land is defined in s205 (1) (ix) LPA 1925.
Land includes the buildings, fixtures attached to the land and mines and minerals.
All corporeal and incorporeal hereditaments
How does s62 LPA 1925 reinforce s205?
s62 provides that any conveyance of land includes all buildings and fixtures.
What is a fixture?
A fixture is something that is securely attached to the land and therefore becomes part of it.
What case determined what is a fixture?
Holland v Hodgson [1872] - Degree of annexation test and Purpose of annexation test principle created.
Object attached other than by its own weight generally a fixture.
Cannot rely on degree test alone.
Were the spinning looms secured by large nails fixtures forming part of the land or only fittings.
Explain Quicquid Plantatur Solo, Solo Credit
Whatever is attached to the ground becomes part of it.
Corporeal hereditaments - physical things seen or touched
Explain the decision made in the case of D’eyncourt v Gregory [1866]
The ornamental statues of lions in the garden were held to be fixtures as they formed part of the overall architectural design.
Explain the decision made in the case of Botham v TSB Bank Plc [1996]
Permanence of attachment is also relevant consideration
The court held that the kitchen and bathroom units were fixtures as they were intended to be permanent.
Curtains and carpets were fittings - temporary
What is a fitting?
A fitting is personal property which can be removed from the property by the seller.
Put on land to be enjoyed for itself.
Explain the decision made in the case of Leigh v Taylor [1902]
The court held that large tapestries which were secured to the wall by nails were fittings as they did not form part of the mansion.
Purpose of Annexation contrast to Re Whaley
Explain the decision made in the case of Botham v TSB Bank Plc [1996]
The court held that the white goods and curtains were fittings as they were temporary.
What case showed the difficulties when determining whether a fixture or fitting?
Re: Whaley
Court recognised difficulty when solely relying on the degree of annexation test.
Explain the decision made in the case of Armory v Delamirie [1722]
Court held that the finder is entitled to the item but the true owner of an item has the best claim to that item.
Chimney sweep found a jewel which he took to a Jeweller and the Jeweller refused to return the item. Sweep had right of ownership except that of true owner.
Explain the decision made in the case of Parker v British Airways Board [1982]
Court held that the owner of the land where item was found has a better right to the item provided they had control over the land.
Bracelet found by passenger in an airport and handed it to the owners of the land who couldn’t find true owner. Passenger claimed a right to the bracelet. Airport didn’t have sufficient control. ‘Finders Keepers’
What are incorporeal hereditaments
Intangible rights which benefit land
Easements and covenants
Explain ‘Ad coelum et ad inferos’.
Ad coelum - To the heavens above.
Ad inferos - To the depths of the earth.
