Types of Land Flashcards
Grigsby v Melville
Cellars are owned by those who own the land above.
Bernstein of Leigh v Skyviews & General Ltd
“To such height as is necessary for the use and enjoyment of his land and the structures upon it”
Kelsen v Imperial Tobacco Ltd
Advertising sign above the plaintiffs shop counted as trespass.
London v Manchester Assurance Co
Crane oversail injunction granted as the crane went into another persons airspace.
Lemmon v Webb
People can chop overhanging trees that go into their airspace.
Co-operative Wholesale Society
Bulging wall was held to be a trespass.
Ellis v Loftus Iron Co
Horse’s head amounted to a trespass.
Taylor v Hamer
Flagstones were held to be a fixture
Holland v Hodgson
If the item is attached to the floor or wall then it is a fixture.
Hulme v Brigham
If the item is not attached to the floor or wall then it is a chattel.
La Salle Recreations
Wall to wall hotel carpets were held to be a design motif and therefore a fixture.
Botham
Carpets were not attached from the floor or wall therefore a chattel.
Hamp v Bygrave
Purpose test is the most important.
Victoria Park Racing
No property to protect in the airspace.
National Provincial Bank v Ainsworth
Personal right not a property right
Lord Wilberforce 4 ways an interest can become property
- Definable
- Identifiable by third parties
- Capable in its nature of assumption by third parties
- Some degree of permanence
LPA 1925 205(1)(ix)
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.
s76(1) Civil Aviation Act 1982
Immunity for planes over a certain height
Degree of Annexation Test
The more firmly the object is attached to the land, the more likely it is to be regarded as a fixture.
Purpose of Annexation Test
Is the purpose of the annexation for better enjoyment of the chattel annexed or for the better enjoyment of the land?
