Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface area, structures or parts of structures (whether the department is horizontal, vertical or made in any other method) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, opportunity, or benefit in, over, or originated from the land Law of Residential or commercial property Act 1925 s. 62.
A conveyance of land shall be considered to include and shall by virtue of this Act run to convey, with the land, all structures, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties benefits, easements, rights, and benefits whatsoever, appertaining or considered to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or taken pleasure in with, or reputed or called part or parcel of or appurtenant to the land or any part thereof.
‘ He who owns the land owns whatever up to the sky and down to the depths’ Unrealistic in contemporary times– pipelines underground, aircraft above and so on.
Bernstein v Skyviews & & General Ltd 1978 QB: Develops that a landowner doesn’t have unqualified rights over the airspace of his land.
Fixtures and Fittings.
Law of Residential or commercial property Act 1926 s. 62.
‘ Whatever is repaired to the land enters into the land’.
Holland v Hodgson 1872 LR 7CP 328: Looms were components as they were connected to the floor by nails, not simply their own weight. If a post is annexed to the land by something more than its own weight, it’s a fixture, therefore part of the land. Elitestone v Morris 1997: Cottage couldn’t be removed without its damage. An unbiased test to determine whether the item was meant for the usage or satisfaction of the land, or for the easier use of the things itself.
General principle: whether an item becomes part of the land is identified by …
a) The physical degree of annexation
Chelsea Yacht & Boat Co v Pope 2000 1WLR 1941: Boat on a river was a chattel not a fixture b) The purpose of the annexation: for better enjoyment of the land or for the better enjoyment of the chattel? Leigh v Taylor 1902 AC 157: These tapestries were works of art, but could be removed without causing structural damage. Therefore they were chattels not fixtures. Re Whaley 1908 1Ch 615: These tapestries were hung as to create the effect of an Elizabethan dwelling house, therefore they were fixtures.
Taylor v Hamer 2002 EWCA Civ 1130: The Court decided that the flagstones were fixtures, and suggested that a seller is not allowed to remove fixtures without informing the buyer if there is a possibility that the buyer expects the fixtures to be included in the sale. Mortgage lender:
Botham v TSB 1996 EGCS 149: The bank applied to the High Court to decide if certain everyday articles in the borrower’s flat were ‘fixtures’ and therefore were subject to the bank’s mortgage, so it could sell them as mortgagee. Taxation:
Melluish v BMI 1996 AC 454
Landlord and tenant: A tenant has the right to remove ‘tenants fixtures and fittings’ at the end of the tenancy: Young v Dalgety 1987 1 EGLR 116: A better definition of a tenant’s fixture is any item which is properly legally identifiable as a fixture and which was installed and continues to be removable by the tenant, is a tenant’s fixture. Spyer v Phillipson 1929 2 Ch 183: So long as the chattel could be removed without doing irreparable damage to the demised premises, neither the method of attachment nor the degree of annexation, nor the quantum of damage that would be done either to the chattel itself or to the demised premises by the removal, had any bearing on the right of the tenant to remove it.
Wessex Reserve Forces and Cadets Association v White 2005 EWHC 983: landlord’s intention here to ‘demolish’ the premises only led to its aspirations of regaining possession being ‘flattened’ when the court held that (objectively) the landlord’s (subjective) intention could not be implemented and that, in any event, the landlord would not require possession of the premises to carry out the proposed works.
Ownership of things found on the land.
Parker v British Airways Board 1982 QB 1004: court decided that the finder of a gold bracelet in a public area of British Airways was entitled to possess it against the whole world save the true owner. An occupier of a building has rights superior to those of a finder over chattels on or in, but not attached to, that building if, before the chattel is found, he has manifested an intention to exercise control over the building and the things which may be on or in it. Bridges v Hawkesworth 1851: The finder of a lost article is entitled to it as against all but the true owner. Waverley BC v Fletcher 1996 QB 334: owner or lawful possessor of land owned all that was in or attached to it. Local authority which owned a public open space had a right SUPERIOR to Finder to things found in the ground of that open space and was entitled to possess them against all but the rightful owner.
Treasure Act 1996
s.1(1) Defines what treasure is s.4(1) When treasure is found, it vests, subject to prior interest and rights…in the Crown… s.8(1) A person who finds an object which he believes or has reasonable grounds for believing is treasure must notify the coroner for the district in which the object was found (within 14 days) s.8(3) Any person who fails to comply with subsection (1) is guilty of an offence… s.10 Payment of rewards
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Land Law Notes. (2017, Jan 01). Retrieved from https://studymoose.com/land-law-notes-essay