Topic 1: What is Land? EXAM (i.e. fixture and chattels + Highs and lows)

Question 1

What is a fixture?

Answer 1

Something that passes with land

Question 2

What is a chattel?

Answer 2

Something that does NOT pass with land

Question 3

What does the latin phrase ‘Quicquid Plantatur solo, solo cedit’ mean?

Answer 3

Whatever is attached to the ground is part of it (However, no longer completely true)

Question 4

What is the degree and purpose of annexation test?

Answer 4

An item may be deemed a fixture even if it is only loosely applied, it depends on whether it is integral to the purpose of the land (This works vice versa for items that are firmly attached yet may be considered chattels)

Question 5

What was the long time principle for how much of your land you owned?

Answer 5

From the heavens above down to the hell beneath

Question 6

What is a ‘Fee simple absolute in possession’?

Answer 6

Freehold, full ownership

Question 7

What is a ‘Term of years absolute’?

Answer 7

Lease, only temporary ‘ownership’

Question 8

Which is the “best” way of owning property, fee simple or years absolute?

Answer 8

Fee simple, you are free from any restrictions (apart from legal ones)

Question 9

What are the issues with the lows of land law, specifically towards mining?

Answer 9

Mining rights are vested in crown, mineral rights don’t pass with land, oil is vested in the crown