What is Land?

Question 1

Which section of the Law of Property Act 1925 defines land?

Answer 1

s205(1)(ix)

Question 2

What is included in the definition of land?

Answer 2

any tenure, buildings or parts of building, mines and minerals, and other corporeal hereditaments, and incorporeal hereditaments such as easements, rights, privileges, or benefits

Question 3

What is meant by the phrase cuius est solum eius est usque ad coelem et ad infernos?

Answer 3

He who owns the land owns everything from the heavens to the depths below.

Question 4

In which case did the plaintiff win an injunction against his neighbour, the defendant, using a cellar which was beneath his house but to which was entered via stairs in the defendant’s house?

Answer 4

Grigsby v Melville

Question 5

Is it lawful to fly over a person’s house and take photographs of their estate?

Answer 5

Yes, planes may fly over at a reasonable height that don’t interfere with the owner’s reasonable use and enjoyment of their land (Bernstein v Skyviews).

Question 6

In which case was the defendant forced to remove a tobacco sign that protruded into the claimant’s land by a few inches?

Answer 6

Kelsen v Imperial Tobacco

Question 7

In which case did the court gain an injunction against the defendant who had a crane hanging 50ft above the plaintiff’s land?

Answer 7

Wollerton & Wilson v Richard Costain

Question 8

In which case was an injunction granted against a crane that swung over the claimant’s land?

Answer 8

London & Manchester Assurance v O & H Construction

Question 9

In which case did the claimant cut off branches of his neighbour’s tree that was overhanging on the claimant’s land?

Answer 9

Lemmon v Webb

Question 10

If you do cut your neighbour’s branches because they are protruding onto your property what must you then do with the branches?

Answer 10

Return them to the owner. Even if they are worthless.

Question 11

In which case was a horse sticking its head through a fence considered a trespass?

Answer 11

Ellis v Loftus Iron Co

Question 12

Where does the owner’s land extend to if the boundary is a river bounded by a highway? What does an owner own if a river is on their land?

Answer 12

The mid-line of the river and the gradual changes in the course of the river accordingly. The landowner owns the sub-soil but not the water itself, although they may take a limited amount of water under the common law for industrial, agricultural or domestic use as long as it is also returned.

Question 13

Where is the boundary if the land is bounded by sea?

Answer 13

The high water mark.

Question 14

What is treasure?

Answer 14

Objects of historical, archaeological and cultural importance determined by the Secretary of State which are at least 200 years old (s2 Treasure Act 1996) or metallic objects which are not coins at least 300 years old (s1 Treasure Act 1996).

Question 15

Who owns treasure?

Answer 15

The franchisee or the Crown (s4 Treasure Act 1996).

Question 16

What is the duty imposed on a person who finds treasure?

Answer 16

They must notify a coroner within 14 days of the find or may face 3 months imprisonment or a level 5 fine.

Question 17

What may a person expect who hands in treasure?

Answer 17

A financial reward for the market value of the treasure (s10 Treasure Act 1996).

Question 18

What must a coroner do when treasure is handed to him?

Answer 18

Undertake an inquest and notify interested persons (s9 Treasure Act 1996).

Question 19

To whom do objects found embedded in the land belong?

Answer 19

The owner of the land (Waverley BC v Fletcher).

Question 20

To whom do objects found unattached on the land belong?

Answer 20

The finder, unless the owner has manifested an intention to exercise control over the land and the things which may be found upon it (Parker v British Airways).

Question 21

What did Donaldson LJ say about different landowners manifesting control over unattached items on their land in Parker v British Airways?

Answer 21

It is easier for landowners to show intention to exercise control in restricted areas such as a bank vault rather than open areas.

Question 22

In which case did a customer rather than the shop-owner own a five pound note found on the shop-owner’s land?

Answer 22

Bridges v Hawkesworth

Question 23

Are crops considered land?

Answer 23

No (Saunders v Pilcher)

Question 24

What is meant by quidquid plantatur solo, solo cedit?

Answer 24

Whatever is attached to the land becomes part of the land.

Question 25

What are the two legal tests designed to find whether an item is a fixture or chattel?

Answer 25

1. Degree of annexation ie is the item firmly fixed or resting on its own weight
2. Purpose of annexation ie is the item annexed for the enjoyment of the chattel or to improve the property

Question 26

Does the degree of annexation or purpose of annexation come first, but which is considered the true test?

Answer 26

Degree of annexation test should be used first but the purpose of annexation is considered the true test, overruling if there is any discrepancy between the two (per Boreham J in Hamp v Bygrave).

Question 27

In which case were spinning looms regarded as fixtures?

Answer 27

Holland v Hodgson

Question 28

In which case were petrol pumps in a petrol station forecourt regarded as fixtures?

Answer 28

Smith v City Petroleum

Question 29

In which case was central heating, an alarm system, an elevator, and a swimming pool filtration plant considered fixtures?

Answer 29

Melluish v BMI

Question 30

In which case was air conditioning fixed into the walls considered fixtures?

Answer 30

Aircool Installations v BT

Question 31

In which case was printing machinery regarded as resting on its own weight?

Answer 31

Hulme v Brigham

Question 32

In which case a Dutch barn considered to be a chattel?

Answer 32

Culling v Tufnell

Question 33

In which case was a moveable greenhouse considered a chattel?

Answer 33

H E Dibble v Moore

Question 34

Who said the purpose of annexation test should be looked at objectively?

Answer 34

Roch LJ in Botham v TSB Bank

Question 35

Is it possible for chattels to become part of the land even if they are not firmly affixed?

Answer 35

Yes, if they are part of the architectural design (D’Eyncourt v Gregory).

Question 36

In which case was wall-to-wall carpeting in a hotel considered to be a fixture?

Answer 36

La Salle Recreation v Canadian Camdex Investments

Question 37

Is it possible for a chattel to remain a chattel even if it is firmly fixed?

Answer 37

Yes (Leigh v Taylor and Credit Valley Cable v Peel Condiminium).

Question 38

In Leigh v Taylor a tapestry tacked was considered a chattel. What case may we contrast with Leigh v Taylor?

Answer 38

In Re Whaley a tapestry and picture was considered a part of an Elizabethan house.

Question 39

In which case was a houseboat considered a chattel?

Answer 39

Chelsea Yacht & Boat Co v Pope

Question 40

In which case was a houseboat considered a fixture because they were resting on wooden platforms?

Answer 40

Tristmire v Mew

Question 41

What was held to be chattels in Berkeley v Poulett?

Answer 41

Pictures despite their being fixed into wood panneling, a statue, and a sundial.

Question 42

What did the claimant fail to argue was a chattel in Elitestone v Morris?

Answer 42

A bungalow resting on a concrete foundation.

Question 43

What items were found to be fixtures and what were considered chattels in Botham v TSB Bank

Answer 43

Fixtures - bathroom fittings

Chattels - carpets, blinds, curtains, kitchen white goods

Question 44

What statutory provision automatically includes all fixtures into a conveyance unless explicitly excluded by the parties?

Answer 44

Section 62(1) and (4) LPA 1925 (applied in Taylor v Hamer).

Question 45

What was considered fixtures in Taylor v Hamer?

Answer 45

Flagstones

Question 46

Which case establishes that things fixed to the house form part of the land?

Answer 46

Buckland v Butteridge in which a conservatory was attached to the house by 9 inch cantilevers.

Question 47

In Holland v Hodgson how does Blackburn J illustrate whether an item is fixed to the land?

Answer 47

He uses the example of pile of stones as a chattel but the same stones forming a dry-stone wall would be a fixture.

Question 48

How may we define ‘hereditaments’?

Answer 48

‘inheritable interests’ eg estates and interests in land but not licenses.