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Flashcards in The Concept of Property Deck (9)
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Where can the definition of Land be found?

s.205 (1) (ix) Law of Property Act 1925


What are corporeal hereditaments?

"Everything from the very heavens and down to the depths of hell" - Star Energy v Bocardo


Can Land be divided horizontally?

Yes - like blocks of flats


What are fixtures?

Something that is part of the land - s62 Law of Property Act 1925


What are fittings/ chattels?

Ornaments or something added afterwards - D'Eyncourt v Gregory


Test of annexation for fixtures?

Holland v Hodgson


What are incorporeal hereditaments?

s205(1)(ix) Law of Property Act 1925


Elitestone v Morris

Facts: - Bungalow placed on concrete blocks but not attached but blocks were
- D occupied bungalow under a lease but to be protected bungalow had to be land
-Landlord argued wasn't land because it wasn't attached in any way

Judgment: Was land

L.P: -HoL held it was land despite annexation
-Intention of land is important an will apply a common sense test


Bocardo v Star Energy

Facts: - All petroleum is owned by the Crown and Star Energy had a license to bore oil
- To reach a reservoir they would have to bore at an angle beneath land belonging to C -who sued for trespass

Judgment: D had trespassed

L.P: - "Up to heaven and down to hell"
- Far from being so deep as to the point of absurdity - as it could be reached