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Principles of Land Law

Land is the surface of the earth, the airspace above it and the ground below. There are limits to this for example mining and mineral
rights may be granted by law to public corporations e.g coal mining rights to coal authority. Airspace owner only owns as much as is necessary
for use and enjoyment. Bernstein v Skyviews and general ltd aerial photographers flew over owners house deemed not trespass due to height of
flight. Most flights excused under Civil aviation act 1982providing at a reasonable height. Airspace been of value Woolerton and wilson ltd v
Richard Costain ltd arm of crane swung over land trespassing air space no permission granted weekly sum offered refused, went to court
injunction granted preventing use of crane but this was not granted until work was complete showing holding a contractor to ransom. Anchor
brewhouse developments ltd v Berkley house ltd again an injunction granted as there were no special circumstances to consider. Injunction only
granted if damages not appropriate and are of reasonable amount. John trenberth v national Westminster bank (1979) scaffolding needed to
carry out essential repairs, claimant refused, defendant proceeded claimant granted injunction this decision was doubted. Laiquat v Majid
(2005) extractor fan 4.5m above ground level protruding 750mm over claimants garden, deemed trespass. Fixture or chattel. Buildings and
fixtures form part of the land a chattel is a personal possession (a pen, TV, DVD) Fixture on or attached to land for its improvement
forming part of it, a garden gate, rose bushes, dry stone wall. Can be cross over stones in a pile = Chattel, stones formed as a wall =
Fixture. Upon sale of land all fixtures pass with the sale, unless otherwise agreed. If a tenant installs fixtures become the
property of landlord. When mortgaged form part of mortgage security. Cuius est solum eius est usque ad coclum et ed inferos –
the owner of the land owns everything up to the sky and down to the centre of the earth/ Quiccquid plantatur solo, solo cedit –
whatever is attatched to the land becomes part of the land. Basic question between fixture and chattel is if an item is fixed to the land if
so fixture if not chattel. It is always important to agree this when selling a property to avoid any disputes. Leigh v Taylor : a tapestry fixed to
battens on a wall eventually deemed a chattel as was only fixed due to weight allowing for its enjoyment. Holland v Hodgson (1872) two tests
degree of annexation (how securely fitted to land) and purpose of annexation why is it fixed. Berkley v Poulett (1976) looked at pictures, heavy
marble statue on a plinth in garden + sundial, all were deemed fixtures paintings were hung for enjoyment, statue only rested on a plinth so not
part of the land, sundial as had been dethatched from a pedestal many years earlier.

Key Case for Fixtures and Chattels Botham v TSB plc appellant was behind on mortgage payments bank entitled to possession, appellant
removed items from flat to his parent house problem arose of what was fixtures (ie the banks) and chattels (the parents) 109 items to 9
categories most fixtures this was overturned by court of appeal as shown, remember each case is different argue how it might not be
e.g. if a garden statue is specifically designed for that area or that architectural scheme. Fitted carpets – chattels easily removed,
Lights fixed to walls or ceilings – chattels but not those recessed in the ceiling fixtures, Gas affect fire – chattel easily disconnected removed,
Curtains and blinds, shower curtain – chattels as easily removed, Towel rails, soap dishes and bog paper holder – fixtures as permanent
improvement, Fittings on baths and basins taps plugs – fixtures as permanent improvement,, Mirrors and marble panels on walls in bathroom –
fixtures, Kitchen units work surfaces sink – held to be fixtures permanent improvement, White goods fridge, freezer washing machine dish
washer – chattels as easily removed.

Property law act 1925 refers to land including physical objects buildings and intangible such as rights of way. Things growing
on land are either (a) fructose naturals; grows naturally on the land or (b) fructus industrials cultivated crops these are not part
of the land. Presumption if fixed to land = part of the land Tenants fixtures – helps out tenants as
only occupy for a small length of time, if tenant attaches a tenants fixture may be removed any time within tenancy, at end of lease even after
tenancy has ended provided still in lawful possession. Any damage however must be made good. Mancetter Developments Ltd v Garmanson Ltd
(1986) installed pipe work and extractor fans were removed but damage was left tenant liable must make good any damage. Tenants fixtures
fall into 3 categories 1. Ornamental or domestic fixtures articles which the tenant has annexed for domestic convenience and
can removed without permanent damage can’t remove immovable objects as they are deemed permanent improvements. 2.
Trade or business fixtures – shop fittings office items 3. Agricultural fixtures – fencing and buildings erected for agricultural
purposes. All can be removed during lease or in legal possession.

Division of a property : Horizontally = maisonette ----- Vertically = semi dethatched IIIIIIII other splits = any other way ---IIIII. As s. 205(1) (ix)
states certain minerals don’t belong to the land owner instead are the states. Gold and silver belong to the crown as of right – case of mines
(1568) also oil, petroleum, coal and natural gas by statutory right coal industry act 1994 and petroleum act 1998 also has right to treasure.

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Tenure and Estates: Tenure – the type of holding on land. All land in the UK is owned by the Crown, every landowner is a tenant of the
state so his interest in land is known as an Estate. Two types of ownership in land Freehold : nearest to absolute possession meaning “fee simple
absolute in possession” a fee simple continues to exist as long as there are persons entitled to take it in the owners death under a will.
Leasehold : described as a term of years absolute, the freeholder may grant a tenant exclusive possession of property for a fixed period. Short
period = tenancy. Longer terms = leases e.g. 99 years (no hard and fast rule) Both freehold and leasehold can be sold and inherited. New way is
Commohold under the Commonhold and leasehold reform act 2002. A new form of freehold ownership,

All areas of country are designated as compulsory registration areas under land registration act 2002. Upon disposal of freehold and grant of
certain leases the title to the freehold or leasehold must be registered at HM Land Registry. Where a title is registered known as “registered
land” not then “unregistered land” Approx 25% of land is unregistered putting it at risk of fraud, if it is unregistered and is also un-occupied with
no mortgage, if fraud occurs and the house is not on the register compensation will not occur.
Third Party Rights over land law

Easements and restrictive covenants are rights enjoyed over land belonging to another, only between neighbouring properties, giving benefit to
one and burden to another. Easement : right enjoyed by an owner of land over land of another, right of way, light, water. Must be for the
better enjoyment of the land to which annexed (attached to) if not a license will exist instead. Easement acquired by grant (give someone) or
prescription (through regular use without permission). Land which benefits the right is the dominant tenement / Servient tenement
bears the burden. Characteristics of easement were highlighted in Re Ellenborough Park (1956) 1. Must be dominant tenement
and servient tenement. 2. Easement must accommodate the dominant tenement. 3. Dominant and servient owners must be
different persons 4. Right claimed must be capable of forming the subject matter of grant. Easement only in respect of land. Forms
part of dominant land and passes automatically upon conveyance (transfer of ownership) Some instances court uphold right which
benefits a business carried on upon land may be easement Moody v Steggles (1879) in this case the right to hang a sign was deemed an
easement. Right claimed must not be too vague otherwise deemed too difficult to describe it precisely Phipps v Pears (1965) two houses built so
close touching houses sold in Phipps death new owner of old house knocked down exposing new house, owner of new house claimed an
easement existed protecting his wall from weather, was denied as this easement would have prevented legitimate development, was deemed
neither a positive (right to do something) or negative easement (right to stop neighbour doing something)would have had to been a covenant
promising not to demolish house.

Example question for easements : in the example which i read regarding two surfers who used a shortcut over land (cannot use
unless permission from land owner) the path is usually used when owner of land not at home so easement by prescription by
regular use of land without owner consent. Surfers go on holiday so may use right is not using it continuously. A shed is used
for storage which may be an easement is has been acquired. A parking space is also used which is the land owners with
permission this is an easement but only if not denying land owner right to park his car or enjoy the land. Neighbouring
properties are sold but easements will only be binding on 3rd party purchasers if easement has been acquired as a legal
easement either expressly or impliedly. If legal easement has been acquired then cannot deny rights if not then should leave
land. Key things to note , trespass to walk on someone else’s land unless permission through license or easement.
Characteristics of easement as above.
Formation of Contracts

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