The Concept of Property Flashcards
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