Types of Land

Question 1

Grigsby v Melville

Answer 1

Cellars are owned by those who own the land above.

Question 2

Bernstein of Leigh v Skyviews & General Ltd

Answer 2

“To such height as is necessary for the use and enjoyment of his land and the structures upon it”

Question 3

Kelsen v Imperial Tobacco Ltd

Answer 3

Advertising sign above the plaintiffs shop counted as trespass.

Question 4

London v Manchester Assurance Co

Answer 4

Crane oversail injunction granted as the crane went into another persons airspace.

Question 5

Lemmon v Webb

Answer 5

People can chop overhanging trees that go into their airspace.

Question 6

Co-operative Wholesale Society

Answer 6

Bulging wall was held to be a trespass.

Question 7

Ellis v Loftus Iron Co

Answer 7

Horse’s head amounted to a trespass.

Question 8

Taylor v Hamer

Answer 8

Flagstones were held to be a fixture

Question 9

Holland v Hodgson

Answer 9

If the item is attached to the floor or wall then it is a fixture.

Question 10

Hulme v Brigham

Answer 10

If the item is not attached to the floor or wall then it is a chattel.

Question 11

La Salle Recreations

Answer 11

Wall to wall hotel carpets were held to be a design motif and therefore a fixture.

Question 12

Botham

Answer 12

Carpets were not attached from the floor or wall therefore a chattel.

Question 13

Hamp v Bygrave

Answer 13

Purpose test is the most important.

Question 14

Victoria Park Racing

Answer 14

No property to protect in the airspace.

Question 15

National Provincial Bank v Ainsworth

Answer 15

Personal right not a property right

Question 16

Lord Wilberforce 4 ways an interest can become property

Answer 16

1. Definable
2. Identifiable by third parties
3. Capable in its nature of assumption by third parties
4. Some degree of permanence

Question 17

LPA 1925 205(1)(ix)

Answer 17

Land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or part of buildings and other corporeal heriditaments, also a manor, advowson, and a rent and other incorporeal hereditaments and an easement, right, privilege, or benefit over the land.

Question 18

s76(1) Civil Aviation Act 1982

Answer 18

Immunity for planes over a certain height

Question 19

Degree of Annexation Test

Answer 19

The more firmly the object is attached to the land, the more likely it is to be regarded as a fixture.

Question 20

Purpose of Annexation Test

Answer 20

Is the purpose of the annexation for better enjoyment of the chattel annexed or for the better enjoyment of the land?