What is land

Question 1

What is land?

Answer 1

s62 LPA 1925 - includes buildings, fixtures, rights, easements etc

s205(1)(ix) LPA - physical land, buildings, intangible rights

Question 2

Interests in Land

Answer 2

s1(2) LPA - easements, mortgages, covenants, profits, rentcharges, rights of entry

Question 3

Right of occupation extends down to the centre of the earth

Answer 3

Grigsby v Melville - cellar under plaintiff’s property but only accessible via defendant’s property belonged to plaintiff

Bocardo SA v Star Energy - oil reserve owned by state under statute, but land around it owned by claimant - drilling was a trespass

Question 4

Owner’s rights to airspace above land are restricted to such a height as is necessary for the ordinary use and enjoyment of the land and structures. No general rights over upper airspace

Answer 4

Berstein of Leigh v Skyviews

Question 5

Lower airspace - sign hung over shop by a few inches - trespass

Answer 5

Kelsen v Imperial Tobacco

Question 6

Lower airspace - horse putting head over fence = trespass

Answer 6

Ellis v Loftus Iron Company

Question 7

Lower airspace - neighbour can lop off overhanging branches without notice but cannot enter onto neighbours land to do so

Answer 7

Lemmon v Webb

Question 8

Lower airspace - crane overhung premises 50ft above roof level - trespass

Answer 8

Wollerton & Wilson v Richard Costain

Question 9

Lakes

Answer 9

Subsoil under water belongs to owner of land

Question 10

Rivers

Answer 10

Bed of river belongs to owner of the land, but no absolute right to the water (though can take water for ordinary purposes at common law). If river changes course, ownership of riverbed changes accordingly

Question 11

Boundaries

Answer 11

If land is bounded by river or road , there is a presumption that owner owns land up to middle

Question 12

Wild animals

Answer 12

Wild animals not subject to absolute ownership, but landowner has right to hunt and catch wild animals on his land. On death, they become personal property of the landowner regardless of who caught/killed the animal.

Question 13

Treasure

Answer 13

Defined in s1 Treasure Act 1996

If found, it vests in the Crown - s4(1)(b) TA 1996

Person who finds it must notify coroner within notice period - s8 TA

Reward will be given - s10 TA

Question 14

Not treasure - objects found within/attached to land are part of land and belong to landowner even if he was not finder or was unaware of its existence

Answer 14

Waverley v Fletcher

Question 15

Objects found unattached on the ground

Answer 15

Finder may keep object unless landowner previously manifested intention to exercise control over land and items found on it

Question 16

Airport lounge exercised no control over lost property

Answer 16

Parker v British Airways Board

Question 17

Money found by customer on shop floor belonged to customer as it was a public place and shopkeeper didn’t show intention to control lost items

Answer 17

Bridges v Hawkesworth

Question 18

Finder entitled to brooch loose in crevice in unoccupied house

Answer 18

Hannah v Peel

Question 19

Natural products of land are treated as land. Annual crops requiring human labour and effort are not land

Answer 19

Saunders v Pilcher

Question 20

Fixture or Chattel?

Answer 20

Degree of annexation - the more firmly attached, the more likely to be a fixture, even if easily removed
Purpose of annexation - is annexation for the more convenient use of the object or to permanently improve the property and use of the land?

Question 21

Spinning looms bolted to floor = fixture

Answer 21

Holland v Hodgson

Question 22

Petrol pumps on station forecourt = fixture

Answer 22

Smith v City Petroleum

Question 23

Central heating, lifts, alarm system and swimming pool filters = fixtures

Answer 23

Melluish v BMI

Question 24

Airconditioning unit fixed to walls = fixture

Answer 24

Aircool Installations

Question 25

Printing machinery resting on its own weight = chattels

Answer 25

Hulme v Brigham

Question 26

Dutch barn resting on own weight = chattel

Answer 26

Culling v Tufnal

Question 27

Moveable greenhouses = chattel

Answer 27

Dibble v Moore

Question 28

Purpose of annexation is looked at objectively

Answer 28

Botham v TSB Bank - carpets superficially attached by gripped rods = chattel

Question 29

If chattels are incorporated into the architectural design of the building, they may become fixtures even if not firmly attached

Answer 29

D’Eyncourt v Gregory - garden seat and ornamental statues

Kennedy v SS for Wales - chandelier

La Salle Recreation v Canadian Camdex Investments - wall to wall carpeting part of design motif

Question 30

A chattel may be securely fixed but remain a chattel if purpose is the better enjoyment of the chattel itself

Answer 30

Leigh v Taylor - tapestry tacked to wall was chattel as annexation to enjoy tapestry

Credit Valley Cable v Peel - TV cable and antenna = chattel

BUT Re Whaley - picture and tapestry part of overall design of Elizabethan house - fixture

Question 31

Purpose test is dominant if tests give different answers

Answer 31

Hamp v Bygrave

But if item cannot be removed without damage to fabric of building, it is likely to be a fixture

Question 32

Houseboat was a chattel as easily removable from moorings

Answer 32

Chelsea Yacht v Pope

Tristmire v Mew