Land Revision

Topics: Property, Real property, Ownership Pages: 77 (26081 words) Published: April 22, 2014

Fundamental Concepts
Land defined in Bernstein v Skyview – doesn’t extend to airspace as well. Defeats traditional view that land is everything up to the heavens etc. Land includes corporeal hereditaments- the land and what is attached to it, as well as incorporeal hereditaments- Rights over land including easements and rights of way. Sellers usually write a list of what they see as fixtures and what they see as chattels Botham v TSB Bank plc [1996] This case involved the sale of a repossessed property by a mortgagee - TSB Bank. 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 and give good title to a purchaser. The disputed items included fitted carpets, light fittings, gas fires, curtains and blinds, soap dishes and shower heads. The High Court judgment was reversed by the Court of Appeal which re-affirmed that the 'annexation test' is not sufficient by itself to conclude if an item is to be classified as a fixture. established the degree of annexation and purpose tests.

Freehold-unlimited time, leasehold-limited time. Should be capable of existing forever. Leasehold- Limited amount of time, depending on the lease. Easement= gives the right to use the land of another in some way, or to prevent it from being used for certain purposes, e.g. rights of way and rights of water and light. Profit= gives the right to take something from the land of another e.g. peat, fish, wood or grazing rights. Corporeal hereditaments- tangible characteristics of land. Things which are attached to or inherent to the land. Buildings, trees, subjacent minerals and a portion of subjacent airspace. Physical, fixed to something. Incorporeal hereditaments- intangible rights which may be enjoyed over or in respect of the land. Not fixed to anything, invisible e.g. rights. Corporeal and incorporeal hereditaments are sometimes together known as ‘realty’- rights to the specific performance of entitlement distinct from recovery of money compensation for the loss of such entitlement. What is land? Definitions

Land law allows us to label things in the external world.
It regulates the efficient social and economic use of all land resources. Much of the law on land is found in the property statutes of 1925 and supplemented by the LAND REGISTRATION ACT 2002 (LRA). Difficulty in defining land comes from the fact that the world is three-dimensional in nature, therefore if you are going to define land you must deal with three measures of territorial or jurisdictional control. Academic opinion: Blackstone: “Land is a word of a very extensive signification”. Statutory definition:

Statute in the 1925 legislation describes 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)” Law of Property Act 1925, s 205 (1) (ix)). This definition is circular in nature. Very broad definition of land. Who owns what?

The person who owns the land owns everything reaching up to the very heavens and down to the depths of the earth. This in reality lacks a lot of truth, see Parker v British Airways Board (1982)- Valuer-General (1974) per Lord Wilberforce). ‘Nothing more than a colourful phrase’-Gray & Gray. If we did read into this then it would lead to “the absurdity of a trespass at common law being committed by a satellite every time it passes over a suburban garden”- Bernstein v Skyviews and General Ltd (1978) per Griffiths J. Greatest protection conferred on land as it is a very limited, finite resource. Minerals-belong to the owner of the land, comprise part of the realty. Hidden objects-in respect of objects hidden within the ground, the land owner has rights except for treasure (Older than 300 years...
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