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The Land Itself - Chapter 2 (Land (Common Law ("he who owns the land…
The Land Itself - Chapter 2
Land
Includes various tangible & intangible items
Common Law
"he who owns the land owns everything extending to the heavens and to the depths of the earth"
"whatever is attached to the ground becomes part of it"
Statutory Definition
S.205(1)(ix) LPA 1925 - defines land
Fixtures & Fittings
Transfer must be by deed S.52 LPA 1925
Completed in order to avoid disputes, i.e. removal of garden sheds, greenhouses, washing lines
Distinguishing between fixtures and fittings
Degree of attachment
Attached other than by own weight - likely to be a fixture
Holland V Hodgson - spinning looms bolted to floor held to be a fixture
Purpose of attachment
Is it attached for its own benefit? (fitting/chattel) OR is it attached for the benefit of the land? (fixture
Leigh V Taylor - wall tapestry nailed to wall, held to be a fitting
D'Eyncourt v Gregory - marble statue lions, held to be a fixture
Permanence of attachment
Botham v TSB Bank Plc - made it clear that permanence is also relevant
How long object is likely to be attached, e.g. carpets
H E Dibble v Moore - greenhouse was held not to be a fixture
Taylor v Hamer - further developments
Limitations of Land
Airspace
Kelsen v Imperial Tobacco Ltd - infringing upon a persons airspace is as much trespass as walking across his garden
Common examples = overhanging guttering's, billboards
Anchor Brewhouse Developments V Berkley House Developments - jib of a crane trespassed, injunction granted
Allowed rights in airspace to such a height as necessary for ordinary use
Bernstein v Skyviews Ltd
S.76 Civil Aviation Act 1982
Landowner cannot object to the passage of aircraft during normal flight, reasonable height
Underground
Tunnelling under neighbour's property - tresspass
Treasure Act 1996
All mines of gold & silver belong to the Crown
Petroleum Act 1998
Oil extracted belongs to the crown
Bocardo SA v Star Energy UK Onshore Ltd - trespass of land
Infrastructure Act 2015
Allows fracking by oil/gas companies below 300 metres
Coal Act 1938
Coal belongs to Coal Authority
Surface
Minerals are part of the land, if sellers wishes to reserve must do so expressly
TPO's
Lynn Shellfish Ltd & Others v Loose & Another
Incorporeal Hereditaments
A person's rights over another person's land
Such rights are intangible, also known as incorporeal rights
Most important - easements (e.g. rights of way)