Property and Land Flashcards
(13 cards)
Cohen’s dialogue on private property, his definition of property
Property is anything to which the label can be attached: ‘to the world, keep off X unless you have my permission which I may grant or withhold. signed private citizen, endorsed by the state.
Hohfeld’s Jural relations
Property is a bundle of rights, no fixed meaning, the right to exclude is just bundled amongst this.
enforcement of personal v property rights
Property: enforceable against everyone/the world.
personal: only enforceable against another individual/specified group of people. e.g king v David Allen &sons billposting ltd: non-proprietary rights do not tenure to the land.
Trees as land
trees which grow in ground = land: Zanzibar law.
people have righter them as can be mode of production.
land tenure act 1992, s.2: Zanzibar law.
buildings are land
law of property act 1925 s.205(1)
law of fixtures
when a building/chattel(personal possession) is built/put on someone’s land.
law of finders
chattel lost and found in/on land. distinction between found on the land and found in. Hannah v Peel and Parker v British Airways Board.
Elitestone v Morris 1997
M lived in bungalow on E land. E wanted to evict, question if M had a lease, which only would have if bungalow part of land.
set out a 2 part test:
1. degree of annexation: how physically attached is the item to the land? here bungalow was not directly attached to the land, no foundations so low degree of annexation, however, it was attached to electricity and water mains and could not be moved without destruction. so overall had a high degree of annexation, shows even objects not directly attached to land can have high degree of annexation.
2. object of annexation: why was the chattel put there? lord Clyde: purpose which the object is serving.
assessed objectively, what would an observer think the intention to place was?
Tower Hamlets v Bromley LBC
sculpture placed on concrete slab in open grass. could be removed w/out destruction. TH wanted to sell, B didn’t. key question of was it part of land? low degree of annexation: not locked down.
key question of object of annexation: no intention for sculpture to be part of land, reasonable person would not think it was part of land.
land becomes chattel: severance
if someone severed tree/thing they now own it. e.g tree cut/falls down is no longer land, but personal property.
Hannah v Peel 1945
P brought a house, did not move in. WWII broke out, H soldier stationed at P house, he find broach embedded in window frame.
court say finder has better claim to chattel resting on the land than owner.
Parker v British Airways Board 1982
P find gold bracelet in BA member lounge, he hand it in say if owner not found he want it. BA kept it he sued.
court held BA did control the physical space, however they let public onto it and did not manifest an intention to control chattel found on the land.
finder has better right than the owner of the land.
test: who had control of the space? did they manifest intention to control items found on the land?
Waverley BC v Fletcher 1996
gold brooch found under public park. F went in w metal detector, found and dug up brooch. park owned by W. W won, land owner beat finder bc W prohibited metal detectors, F was thereby dishonest and trespassing as doing something on land he had no right to do.
