What is Land? Flashcards
Grigsby v Melville (1974)
A conveyance of land ordinarily carries with it all that is beneath the surface
Bocardo v Star Energy (2010)
There is no trespass at depths below 300m and, therefore, no need for consent of the freehold owner - Infrastructure Act 2015, s43.
Bernstein of Leigh (Baron) v Skyviews and General Ltd (1978)
An owner’s rights in the airspace above his land are restricted to such height as is necessary for the ordinary use and enjoyment of the land and the structures upon it.
Kelsen v Imperial Tobacco Co (1957)
If a structure overhangs your property, that is a trespass irrespective of whether damage is caused to your property.
Moffatt v Kazana (1969)
If property is found on land, the title of the true owner is paramount.
Moffatt v Kazana (1969)
If the true owner is not found:
- Treasure will vest in the Crown
- Objects attached/within the ground go to the owner, even if they were not the fier
Parker v British Airways Board (1982)
The finder may keep objects found unattached on the ground, unless the landowner before the object is found has manifested an intention to control the land and things found on it
Bridges v Hawksworth (1851)
Money found on a shop floor, as opposed to private part of the shop, belonged to the customer, not the shopkeeper
Saunders v Pilcher (1919)
Produce of the land is treated as land, except in the case of annual crops requiring expenditure of human effort/labour on a regular basis
Quidquid plantatutur solo, solo credit
‘Whatever is attached to the land becomes part of the land’
A chattel, when attached to land physically, becomes part of the land and is known as a fixture.
Therefore, goes with the land on transfer of ownership.
2 tests for establishing a fixture:
Degree of Annexation and Purpose of Annexation
Degree of Annexation
The first test in establishing a fixture or a chattel
The more firmly the object is fixed to the land/building, the more likely it is to be classified as a fixture
If it rests on the land by its own weight, it is generally considered to be a chattel.
Holland v Hodgson (1872)
Spinning looms bolted to the floor of a mill are a fixture
Smith v City Petroleum Co Ltd (1940)
Petrol pumps on the station forecourt are a fixture
Melluish (HM Inspector of Taxes) v BMI (No 3) Ltd (1996)
Central heating, elevators, video/alarm system, swimming pool filtration plant are a fixture
Aircool Installations v British Telecommunications (1995)
Air conditioning equipment fixed into the walls of a building is a fixture
Hulme v Brigham (1943)
Printing machinery resting on its own weight is a chattel
Culling v Tufnal (1694)
A Dutch barn resting on its own weight is a chattel
H E Dibble Ltd v Moore (1970)
Movable greenhouses were considered a chattel
Purpose of Annexation
Whether the annexation was for the more convenient use of the chattel as a chattel, or for the more convenient use of the land or building.
Was the item was put in the property to improve the property permanently or temporarily for the more convenient use or enjoyment of the object?
Link between Purpose of Annexation and Degree of Annexation
Degree of annexation raises a presumption that the thing in question is or is not a fixture
Once established the burden of proving otherwise (on the balance of probabilities) passes to whichever party is seeking to establish the opposite, by application of the purpose of annexation.
D’Eyncourt v Gregory (1866)
If a chattel is incorporated into the design of a building, it will be classified as a fixture.
Stone garden seat and ornamental statues standing on their own weight were fixtures because they formed part of the architectural design
La Salle Recreations v Canadian Camdex Investments Ltd (1969)
If a chattel is incorporated into the design of a building, it will be classified as a fixture.
Wall to wall carpeting in a hotel was considered to be part of the design motif
Leigh v Taylor (1902)
A chattel may be securely fixed to the land but remain a chattel if the purpose of annexation is the better enjoyment of the chattel.
A tapestry tacked securely to a wall was considered a chattel
Chelsea Yacht and Boat Co Ltd v Pope (2001)
CoA held a houseboat was a chattel, not a fixture, because it could be easily removed from its moorings.
Importance of Distinction between a Chattel and a Fixture
As a fixture is part of the land, ownership can only be transferred by a conveyance of the land; in contrast a chattel can be transferred by physical delivery
The owner may not remove a fixture after they have contracted to sell the property to another.
Law of Property Act 1925, s62
A conveyance automatically includes all fixtures in the property, unless the items are excluded from the sale under the LPA, s62(4).
