What is Land?

Question 1

Grigsby v Melville (1974)

Answer 1

A conveyance of land ordinarily carries with it all that is beneath the surface

Question 2

Bocardo v Star Energy (2010)

Answer 2

There is no trespass at depths below 300m and, therefore, no need for consent of the freehold owner - Infrastructure Act 2015, s43.

Question 3

Bernstein of Leigh (Baron) v Skyviews and General Ltd (1978)

Answer 3

An owner’s rights in the airspace above his land are restricted to such height as is necessary for the ordinary use and enjoyment of the land and the structures upon it.

Question 4

Kelsen v Imperial Tobacco Co (1957)

Answer 4

If a structure overhangs your property, that is a trespass irrespective of whether damage is caused to your property.

Question 5

Moffatt v Kazana (1969)

Answer 5

If property is found on land, the title of the true owner is paramount.

Question 6

Moffatt v Kazana (1969)

Answer 6

If the true owner is not found:

• Treasure will vest in the Crown
• Objects attached/within the ground go to the owner, even if they were not the fier

Question 7

Parker v British Airways Board (1982)

Answer 7

The finder may keep objects found unattached on the ground, unless the landowner before the object is found has manifested an intention to control the land and things found on it

Question 8

Bridges v Hawksworth (1851)

Answer 8

Money found on a shop floor, as opposed to private part of the shop, belonged to the customer, not the shopkeeper

Question 9

Saunders v Pilcher (1919)

Answer 9

Produce of the land is treated as land, except in the case of annual crops requiring expenditure of human effort/labour on a regular basis

Question 10

Quidquid plantatutur solo, solo credit

Answer 10

‘Whatever is attached to the land becomes part of the land’

A chattel, when attached to land physically, becomes part of the land and is known as a fixture.

Therefore, goes with the land on transfer of ownership.

2 tests for establishing a fixture:

Degree of Annexation and Purpose of Annexation

Question 11

Degree of Annexation

Answer 11

The first test in establishing a fixture or a chattel

The more firmly the object is fixed to the land/building, the more likely it is to be classified as a fixture

If it rests on the land by its own weight, it is generally considered to be a chattel.

Question 12

Holland v Hodgson (1872)

Answer 12

Spinning looms bolted to the floor of a mill are a fixture

Question 13

Smith v City Petroleum Co Ltd (1940)

Answer 13

Petrol pumps on the station forecourt are a fixture

Question 14

Melluish (HM Inspector of Taxes) v BMI (No 3) Ltd (1996)

Answer 14

Central heating, elevators, video/alarm system, swimming pool filtration plant are a fixture

Question 15

Aircool Installations v British Telecommunications (1995)

Answer 15

Air conditioning equipment fixed into the walls of a building is a fixture

Question 16

Hulme v Brigham (1943)

Answer 16

Printing machinery resting on its own weight is a chattel

Question 17

Culling v Tufnal (1694)

Answer 17

A Dutch barn resting on its own weight is a chattel

Question 18

H E Dibble Ltd v Moore (1970)

Answer 18

Movable greenhouses were considered a chattel

Question 19

Purpose of Annexation

Answer 19

Whether the annexation was for the more convenient use of the chattel as a chattel, or for the more convenient use of the land or building.

Was the item was put in the property to improve the property permanently or temporarily for the more convenient use or enjoyment of the object?

Question 20

Link between Purpose of Annexation and Degree of Annexation

Answer 20

Degree of annexation raises a presumption that the thing in question is or is not a fixture

Once established the burden of proving otherwise (on the balance of probabilities) passes to whichever party is seeking to establish the opposite, by application of the purpose of annexation.

Question 21

D’Eyncourt v Gregory (1866)

Answer 21

If a chattel is incorporated into the design of a building, it will be classified as a fixture.

Stone garden seat and ornamental statues standing on their own weight were fixtures because they formed part of the architectural design

Question 22

La Salle Recreations v Canadian Camdex Investments Ltd (1969)

Answer 22

If a chattel is incorporated into the design of a building, it will be classified as a fixture.

Wall to wall carpeting in a hotel was considered to be part of the design motif

Question 23

Leigh v Taylor (1902)

Answer 23

A chattel may be securely fixed to the land but remain a chattel if the purpose of annexation is the better enjoyment of the chattel.

A tapestry tacked securely to a wall was considered a chattel

Question 24

Chelsea Yacht and Boat Co Ltd v Pope (2001)

Answer 24

CoA held a houseboat was a chattel, not a fixture, because it could be easily removed from its moorings.

Question 25

Importance of Distinction between a Chattel and a Fixture

Answer 25

As a fixture is part of the land, ownership can only be transferred by a conveyance of the land; in contrast a chattel can be transferred by physical delivery

The owner may not remove a fixture after they have contracted to sell the property to another.

Question 26

Law of Property Act 1925, s62

Answer 26

A conveyance automatically includes all fixtures in the property, unless the items are excluded from the sale under the LPA, s62(4).