what is land Flashcards
(16 cards)
According to s205 Law of Property Act 1925 (LPA 1925), what does land include?
Land includes:
* Land of any tenure
* Mines and minerals, whether or not held apart from the surface
* Buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way)
* Other corporeal hereditaments
* A manor, an advowson, and a rent
* Other incorporeal hereditaments
* An easement, right, privilege, or benefit in, over, or derived from land
The definition encompasses various physical and intangible aspects of land ownership.
What are corporeal hereditaments? Provide examples.
Corporeal hereditaments are physical or tangible objects that can be inherited such as land, houses and garages.
(Elitestone Ltd v Morris (1997) )
They are included in the definition of land.
What are incorporeal hereditaments? Provide an example.
Incorporeal hereditaments are intangible rights which a person may have over someone else’s land. A typical example is an easement.
( Re Ellenborough Park )
Examples include rights of way or rights to light.
How does the definition of land include airspace? What limitations are there?
Land includes airspace, but the principle of owning ‘to the heavens’ is restricted by cases like Bernstein v Skyviews Ltd, which held that a landowner could not prevent aerial photographs being taken from a reasonable height above the ground.
How does the definition of land include the subsoil and mines and minerals? Are there any exceptions?
Land includes the subsoil and the owner is generally entitled to all mines and minerals within the land, except for certain exceptions.
Exceptions include coal, natural gas, and oil, which are deemed property of the Crown.
Can water flowing through or covering land be owned by the landowner?
Water flowing through land cannot be owned by the landowner, except for a small amount for domestic and agricultural purposes.
Extracting greater volumes often requires a licence.
How are flora and fauna included in the definition of land?
Land includes trees, plants, hedges, and flowers growing on the land. Wild animals are not owned by the landowner unless caught and killed.
At that point, they become the absolute property of the landowner.
How does land law approach items found in or on land?
The person who lost the item has the strongest claim.
The determination of who has a better claim depends on whether the item is found ‘in’ or ‘on’ the land, and whether it constitutes treasure.]
( Parker v British Airways Board (1982))
How are buildings considered in the definition of land? What is the significance of foundations? case
Any building constructed on land with its foundations set into the ground will almost certainly form part of the land.
(Elitestone Ltd v Morris (1997))
Where there are no foundations, whether the building is part of the land depends on the rules governing fixtures.
What are fixtures in land law? Why is it important to distinguish them from chattels?
Fixtures are deemed to form part of the land. The distinction is significant for:
* Sale of land
* Mortgages
* Leases
Fixtures pass automatically in sales, while chattels do not.
What two main tests are used to determine if an object is a fixture?
case
The two tests are:
* Degree of annexation test
* Purpose of annexation test
(Holland v Hodgson (1871-72) L.R. 7 C.P. 328)
The purpose test is considered more important.
Briefly explain the degree of annexation test. How does the weight of an item factor into this?
This test considers how fixed the item is to the land. Items merely resting on the land by their own weight are presumed to be chattels unless indicated otherwise.
(Berkley v Poulett 1 EGLR 86)
Permanently fixed items are generally considered fixtures.
Briefly explain the purpose of annexation test. What is the key question asked under this test?
(TSB Bank plc v Botham (1996))
This test asks whether the item was intended to bring about a permanent improvement to the land or was fixed for the better enjoyment of the item.
This helps determine if the item is a fixture or a chattel.
What is a fixture?
A fixture is anything deemed to form part of the land.
Any building constructed on land with its foundations set into the ground will almost certainly form part of the land. Where there are no foundations, whether a building is part of the land depends on the rules governing fixtures.
Fixtures are automatically included in the sale of a property unless both parties agree otherwise. Under s. 62 of the LPA 1925, fixtures pass automatically with the land when it is sold
What is a chattel?
A chattel is something that personally belongs to you and is not part of the land.
Chattels are moveable assets that can be removed from a property, such as furniture, curtains, and washing machines.
Chattels do not pass to the buyer when the property is sold. A chattel becomes a fixture when it becomes attached or fixed to the land and takes on the status of a ‘fixture’
what is the purpose of annexation test
This test asks: Was the item affixed to the land for a temporary purpose or the better enjoyment of the item (chattel), or to effect a permanent improvement of the land (fixture) (Hellawell v Eastwood)? This test is considered more decisive today than the degree of annexation test (Berkley v Poulett).
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Items attached for the better enjoyment of the item, even if affixed, may remain chattels (e.g., tapestries in Leigh v Taylor).
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Items attached for the permanent improvement or beautification of the land are likely to be fixtures (e.g., kitchen units and fitted sinks in Botham v TSB).
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Even unfixed items can be fixtures if they form part of the architectural design (D’Eyncourt v Gregory)
