Land Law Notes
LAND LAW INTRODUCTION REVISION NOTES
What is land? Law of Property Act 1925 s.205 (1)(ix) Land includes land of any tenure, and 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) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from the land Law of Property Act 1925 s.62 A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.
'He who owns the land owns everything up to the sky and down to the depths' Unrealistic in modern times – pipes underground, aircraft above etc.
Bernstein v Skyviews & General Ltd 1978 QB: Establishes that a landowner doesn't have unqualified rights over the airspace of his land.
Fixtures and Fittings Law of Property Act 1926 s.62
'Whatever is fixed to the land becomes part of the land'
Holland v Hodgson 1872 LR 7CP 328: Looms were fixtures as they were attached to the floor by nails, not just their own weight. If an article 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: Bungalow couldn't be removed without its destruction. An objective test to determine whether the object was intended for the use or enjoyment of the land, or for the more convenient use of the object itself.
General principle: whether an object is part of the land is
What is land? Law of Property Act 1925 s.205 (1)(ix) Land includes land of any tenure, and 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) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from the land Law of Property Act 1925 s.62 A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.
'He who owns the land owns everything up to the sky and down to the depths' Unrealistic in modern times – pipes underground, aircraft above etc.
Bernstein v Skyviews & General Ltd 1978 QB: Establishes that a landowner doesn't have unqualified rights over the airspace of his land.
Fixtures and Fittings Law of Property Act 1926 s.62
'Whatever is fixed to the land becomes part of the land'
Holland v Hodgson 1872 LR 7CP 328: Looms were fixtures as they were attached to the floor by nails, not just their own weight. If an article 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: Bungalow couldn't be removed without its destruction. An objective test to determine whether the object was intended for the use or enjoyment of the land, or for the more convenient use of the object itself.
General principle: whether an object is part of the land is