What is Land?

Question 1

Bernstein v Skyways

Answer 1

Land includes the upper airpace up to the height that is necessary for the ordinary and reasonable use and enjoyment of the land

Question 2

Kelsen v Imperial Tobacco

Answer 2

Lower airspace is land - an overhanging sign counted as trespass

Question 3

Grigbsy v Melville

Answer 3

Owners of a house owned the cellar below, even though not in title deeds

Question 4

Parker v British Airways

Answer 4

Landowner must demonstrate intention to control land and items found on it, otherwise items found on the land belong to the finder (not against true owner)

Question 5

Waverley Borough Council v Fletcher

Answer 5

Things found in or attached to the land belong to the landowner

Question 6

Berkley v Poulett

Answer 6

Degree of annexation - items that are easily removed are more likely to be chattels
Purpose of annexation - better enjoyment = chattels

Question 7

D’Eyncourt v Gregory

Answer 7

Statues that are part of architectural design and improve the property are more likely to be fixtures

Question 8

Botham v TSB Bank

Answer 8

Modern test - of item is intended to be permanent and afford a lasting improvement to the building, it is a fixture
If temporary and no more than necessary for the enjoyment of the item, then it remains a chatter (carpets and curtains)

Question 9

Moffat v Cazana

Answer 9

Best claim is against the owner of the property - must take active steps to locate them