What is land Flashcards
What is land?
s62 LPA 1925 - includes buildings, fixtures, rights, easements etc
s205(1)(ix) LPA - physical land, buildings, intangible rights
Interests in Land
s1(2) LPA - easements, mortgages, covenants, profits, rentcharges, rights of entry
Right of occupation extends down to the centre of the earth
Grigsby v Melville - cellar under plaintiff’s property but only accessible via defendant’s property belonged to plaintiff
Bocardo SA v Star Energy - oil reserve owned by state under statute, but land around it owned by claimant - drilling was a trespass
Owner’s rights to airspace above land are restricted to such a height as is necessary for the ordinary use and enjoyment of the land and structures. No general rights over upper airspace
Berstein of Leigh v Skyviews
Lower airspace - sign hung over shop by a few inches - trespass
Kelsen v Imperial Tobacco
Lower airspace - horse putting head over fence = trespass
Ellis v Loftus Iron Company
Lower airspace - neighbour can lop off overhanging branches without notice but cannot enter onto neighbours land to do so
Lemmon v Webb
Lower airspace - crane overhung premises 50ft above roof level - trespass
Wollerton & Wilson v Richard Costain
Lakes
Subsoil under water belongs to owner of land
Rivers
Bed of river belongs to owner of the land, but no absolute right to the water (though can take water for ordinary purposes at common law). If river changes course, ownership of riverbed changes accordingly
Boundaries
If land is bounded by river or road , there is a presumption that owner owns land up to middle
Wild animals
Wild animals not subject to absolute ownership, but landowner has right to hunt and catch wild animals on his land. On death, they become personal property of the landowner regardless of who caught/killed the animal.
Treasure
Defined in s1 Treasure Act 1996
If found, it vests in the Crown - s4(1)(b) TA 1996
Person who finds it must notify coroner within notice period - s8 TA
Reward will be given - s10 TA
Not treasure - objects found within/attached to land are part of land and belong to landowner even if he was not finder or was unaware of its existence
Waverley v Fletcher
Objects found unattached on the ground
Finder may keep object unless landowner previously manifested intention to exercise control over land and items found on it
Airport lounge exercised no control over lost property
Parker v British Airways Board
Money found by customer on shop floor belonged to customer as it was a public place and shopkeeper didn’t show intention to control lost items
Bridges v Hawkesworth
Finder entitled to brooch loose in crevice in unoccupied house
Hannah v Peel
Natural products of land are treated as land. Annual crops requiring human labour and effort are not land
Saunders v Pilcher
Fixture or Chattel?
Degree of annexation - the more firmly attached, the more likely to be a fixture, even if easily removed
Purpose of annexation - is annexation for the more convenient use of the object or to permanently improve the property and use of the land?
Spinning looms bolted to floor = fixture
Holland v Hodgson
Petrol pumps on station forecourt = fixture
Smith v City Petroleum
Central heating, lifts, alarm system and swimming pool filters = fixtures
Melluish v BMI
Airconditioning unit fixed to walls = fixture
Aircool Installations
Printing machinery resting on its own weight = chattels
Hulme v Brigham
Dutch barn resting on own weight = chattel
Culling v Tufnal
Moveable greenhouses = chattel
Dibble v Moore
Purpose of annexation is looked at objectively
Botham v TSB Bank - carpets superficially attached by gripped rods = chattel
If chattels are incorporated into the architectural design of the building, they may become fixtures even if not firmly attached
D’Eyncourt v Gregory - garden seat and ornamental statues
Kennedy v SS for Wales - chandelier
La Salle Recreation v Canadian Camdex Investments - wall to wall carpeting part of design motif
A chattel may be securely fixed but remain a chattel if purpose is the better enjoyment of the chattel itself
Leigh v Taylor - tapestry tacked to wall was chattel as annexation to enjoy tapestry
Credit Valley Cable v Peel - TV cable and antenna = chattel
BUT Re Whaley - picture and tapestry part of overall design of Elizabethan house - fixture
Purpose test is dominant if tests give different answers
Hamp v Bygrave
But if item cannot be removed without damage to fabric of building, it is likely to be a fixture
Houseboat was a chattel as easily removable from moorings
Chelsea Yacht v Pope
Tristmire v Mew