What Is Land Law In English Law
What is land law in English law? Explain how the law distinguishes between whether a thing is a fitting or a fixture or part and parcel of the land itself.
Introduction
Land is what we step on, live on, it is very important in our daily life and land in every different area has its owner. That’s how we have the right to say this is mine and we’re the ones who choose what to do with it, add something to it or remove something from it, change it around or even get rid of it. That’s why we have this idea of fixtures and fittings, to know what is actually a thing, what has been added or what was already there, to know the differences between it and our rights based on it.
Land in English law
In English law land is described and defined by the Law of Property Act 1925 s.205 (1), it describes it as land is mines and minerals, whether or not held apart from the surface, it is buildings or parts of buildings, and other corporeal hereditaments and incorporeal hereditaments. Land Registration Act 2002 s.132 (1) states that land includes buildings and structures, land covered with water and mines and minerals, whether or not held with the surface. Within the definition given by the Law of Property Act s.205 (1) there are two types of rights identified, corporeal hereditaments and incorporeal hereditaments. Corporeal hereditaments are rights that have real or tangible quality, this includes the right of growing anything in the land, such as trees or anything found under the ground, such as minerals. Incorporeal hereditaments are intangible rights in land, it cannot be physically seen but its effect can be felt by the owner, an example of this would be the right to use your neighbour’s garden as a short cut, which will affect the enjoyment of your neighbours land. Rights like this that include mortgages and leases, and easements which will also affect your neighbour’s rights over his land.
History
The history and the development of land comes after 1066 when the King was
Introduction
Land is what we step on, live on, it is very important in our daily life and land in every different area has its owner. That’s how we have the right to say this is mine and we’re the ones who choose what to do with it, add something to it or remove something from it, change it around or even get rid of it. That’s why we have this idea of fixtures and fittings, to know what is actually a thing, what has been added or what was already there, to know the differences between it and our rights based on it.
Land in English law
In English law land is described and defined by the Law of Property Act 1925 s.205 (1), it describes it as land is mines and minerals, whether or not held apart from the surface, it is buildings or parts of buildings, and other corporeal hereditaments and incorporeal hereditaments. Land Registration Act 2002 s.132 (1) states that land includes buildings and structures, land covered with water and mines and minerals, whether or not held with the surface. Within the definition given by the Law of Property Act s.205 (1) there are two types of rights identified, corporeal hereditaments and incorporeal hereditaments. Corporeal hereditaments are rights that have real or tangible quality, this includes the right of growing anything in the land, such as trees or anything found under the ground, such as minerals. Incorporeal hereditaments are intangible rights in land, it cannot be physically seen but its effect can be felt by the owner, an example of this would be the right to use your neighbour’s garden as a short cut, which will affect the enjoyment of your neighbours land. Rights like this that include mortgages and leases, and easements which will also affect your neighbour’s rights over his land.
History
The history and the development of land comes after 1066 when the King was