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LAND LAW 1

WEEK 3&4

The Significance of Land


Land provides the physical substratum for all human
activity; it is where the life begins and it is where the life
ends.
it is the essential base of all social and commercial
interaction
our existence is constantly sustained and shaped by the
natural and constructed world around us.
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The Legal Regime for Land


One particular legislation is Property Statute 1925,
supplemented by the Land Registration Act 2002.
The Common hold and Leasehold Reform Act 2002

DEFINITION
land of any tenure , and mines and minerals, whether or
not held apart from the surface , building or parts of the
building (whether the division is horizontal or vertical or
made in any other way) and other corporeal hereditaments;
also a manor, adwoman, and a rent and other incorporeal
hereditaments , and an easement right, privilege or benefit
in, over or derived from land
S 205(1)(ix) Law of Property Act 1925
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LAND
Corporeal hereditaments
o physical objects found on or in the land
(including the land itself and the buildings)
Incorporeal hereditaments
o easements
o Profits
o Rent charge

Cont
Cuius est solum eius et usque ad coelum et ad
inferos The owner of the soil owns also everything
up to the sky and down to the centre of the earth
o Mitchel v Mosley (1924)a Ch.438
Quicquid plantatur solo, solo cedit
o Whatever attached to the ground becomes a part of
it.

Cont
o According to the maxim , everything on the
surface of the soil are entitled by landowner
o But this has been limited
(*Duppa v Mayo(1669 )

Subterranean Space
o The landowner owns the subterranean space
below the surface
o The land owner owns the subsoil of the roadway
adjoining up to the middle of the roadway
o landowner can construct cellars that extend into
the space below the ground
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Underground Space
o The owner of the Land own any natural or
made made space below the surface of the
Land
(*Metropolitarean Railway Cp v Fowler
(1892)1 Q.B 165)
*Grigby v Melville (1974) 1 W.L.R 80

Airspace
o to the heavens "or the right to airspace have been
curtailed so the owners right extends to a height
necessary for the ordinary use of the land and structures.
o There is a statute limiting the owners' right sue in
trespass by a flight or an aircraft (s76 Civil Aviation Act )
(*Bernstein v Sky views and Ltd (1978) Q.B 479)
*Kelsen v Imperial Tobacco Co Ltd (1957) 2 Q.B 3334
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Objects found in and on land


In land
o Objects found in, or attached to the

land belongs to the

occupier of the land


In the Land
o objects found on the surface of the land may belong either to
the finder or to the occupier of the land
o The occupier will only be able to claim the lost object only if
he can show the manifest intention to control over the land
(*Parker v British Airways Board(1982) 1 AII ER 834)

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Buildings
o Buildings and structures erected on land almost
invariably become part of the land , provided that
they are constrcted on foundation set in the ground
(*Elvis v Brigg Gas Co (18860 33 Ch D 562 )
o If a man dig a land of another , fixes the stones or
bricks , like a foundation of house, the stone or
property becomes the property of the owner.

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Strata Titles
o Land could be divided either vertically or
horizontally, therefore it is possible for a
person to have ownership right over land
that compromise only a single floor in a
multi story building
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Water
o land covered with water is still land
o In English law does not regard water as in separate ownership to
the land it cover.
o So the lake or pond in your land is part of it (the bed of a river and
seabed also form part of the land
o Land owner can do s they like with subjected to statutory control

Attorney General for British Columbia v Attorney General for


Canada (1914) A.C 153

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Animals
o Wild animals and birds do not from part of the land
while they are alive , belongs to the owner when
found dead in the land
o but land owners have right to hunt and bring into
possession by killing them.
Stukeley v Butler (1615) Hob 168
o The owner of the land becomes absolutely entitled to
them, but as a personal propert.

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Plants
o Land includes all trees and plants , whether
cultivated or wild growing on the land
o It is also possible to own the plants separately from
the land (eg: land having different strata or levels)
Stukeley v Butler (1615) Hob 168
o The owner of the land becomes absolutely entitled
to them, but as a personal property.
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Finds
o objects found in or attached to the land belongs

the occupier
o Objects found on the surface of the land may

belong either to the finder or the occupier of the


land.
Parker v British Airways Board(1982) 1 All ER 834
Elvis v Briggs gas Co (1886) 33 Ch D 562.

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Treasure
o In common law, items as gold or silver found
hidden in land belonged to Crown.
o The gold and silver , archaeological findings
were considered as Treasure Act 1996
*Parker v British Airways Board(1982) 1 All ER
834
*Elvis v Briggs gas Co (1886) 33 Ch D 562.

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Incorporeal Hereditaments
Fixture and Chattels
The Maxim quicquid plantatur solo, solo cedit
( whatever attached to the soil , becomes part of it)
Holland v Hodgson (1872) LR 7 CP 328
Elitestone v Morris (1997) 2 AII ER 513
Chelsea Yacht and Boat Club v Pope (2001) 2
AII ER 409

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Cont
Elitestone Ltd v Morris (1997) 1 W.L.R 687

The House of Lords

adopted a two fold

classification effectively sub dividing the


category of fixtures into;
o Chattels that have become part and parcel of

the land
o other fixtures

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The Nature of fixtures


Whether a chattel has become a fixture
and /or part of the land depends upon the
intention of the original owner of the
chattel as ascertained from the Degree of
Annexation and the Purpose of Annexation
o * Holland v Hodgson (1872) L.R 7 C.P 328
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The Nature of fixtures and Chattels


Perhaps the rule is that the articles not otherwise attached
to the land than by their own weight are not considered as
part of the land unless the circumstances are as to show
that they were indented to be part of the land and that on
the contrary , an article which is affixed to the land even
slightly is to be considered as part of the land , unless the
circumstances are such as to show that it was intended all
along to continue as a chattel
( Blackburn J ) Holland v Hodgson

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The Nature of fixtures and Chattels


Whether attached to the soil becomes part of it
under the maxim , a distinction must be made
between fixtures (which are regarded as part of
reality and part of property) and fittings( which are
merely chattels, that is personality)
therefore, two overlapping tests must be considered
in order to decide an object is a fixture or a chattel.
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The Degree of Annexation .1


Generally the greater the degree of attachment of an object
of land, the more likely it is to be fixture
*Holland v Hodgosn (1972)
The spinning looms bolted to the floor of a factory were
attached by some means other than their own weight and
thus amounted to fixture
( article in question is not further attached to the land than
by its own weight is generally considered as a Chattel)
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Cont

On the other hand heavy printing presses resting on the floor of the
premises were chattels even though they could not be readily removed
due to their excessive weight , there is no human attachment to the
land
*Hulme v Brigham (1943)
*Deen v Andrews ( 1985) - A Greenhouse standing on its own weight
on dollies not attached to the ground was held not to be a fixture
* Berkley v Pulett (1976) a marble statue weighting half a ton and
resting on a plinth remained a chattel athough the plinth itself was a
fixture
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The Purpose of Annexation .2

the degree in certain things have seem susceptible has


been put up as mere ornaments whereas , at our earlier
period the mere construction rendered it impossible
sometimes to server the thing which was put up from the
reality Lord Chancellor in
*Leigh v Taylor (1902)
so, today then, a degree of annexation , which would
previously held conslusive proof of fixture , will prove
nothing

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Cont

statues , figures and vases which were part of

the architectural design of a garden were fixtures


*DEncourt v Gregory (1866)
the Degree of annexation which would

previously held conclusive proof of fixture , will


prove nothing today
*Hamp v Bygrave (1982)

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Cont

The Degree and purpose of the test were


conformed by the House of Lords in
*Elitestone Ltd v Morris (1997)
A Bungalow places on a concrete blocks which
were attached to the land, was fixture which
could

not

destruction.

be

removed

without

its
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The Purpose of Annexation .2


If a method of annexation is adopted for the enjoyment of
the object as a chattel , then even a comparatively durable
method of annexation will not render it a fixture.
*Leigh v Taylor (1902)
Tapestries which were tacked to a wooden frame which was
itself nailed to the wall with two-inch nails were not fixtures.
*DEyncourt v Gregory (1866)
( statues , figures and vases which were part of the
architectural design of a garden were not be fixtures.

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The Right to remove fixtures


Unless a Fee Simple absolute owner, on the sale of his
land , excludes his fixtures they pass to the Purchaser
As between Landlord and Tenant prime facie all
fixtures which are attached to land by the tenant are
Landlords fixtures and must be left to the Landlord.
but there are exceptions to this Rule , fixtures that
can be removed are known as tenants fixtures and fall
under three Heads;

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Tenants Fixtures . 1
a)Trade Fixtures; those attached by the tenant for the purpose

of trade or business ( Eg: fittings , shrubs planted by a market gardener,


petrol pumps installed in a garage etc)
b) Ornamental and Domestic Fixtures; Only if the removal of such
fixtures will cause no substantial damage to the premises can they be
removed ( Chimpneypices ,stoves, ovens , fixed water tubs ect )
c) Agricultural Fixtures; other fixtures affixed to an agricultural
holding by a tenant , and any building erected by him on it, is
removable during tenancy or within two months of its termination (
after September 1, 1995 the Agricultural Tenancies Act 1995 permits the tenant, subjected
to certain exception to remove fixtures affixed by him at any time
during the tenancy or whilst he remains in possession as tenant)
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Mortgagor . 2

Mortgagor and Mortgagee; fixtures pass with the land to the


Mortgagee , even though not mentioned in the deed, also those which had
been added by the mortgagor while in possession. holding by a tenant ,
and any building erected by him on it, is
Third party: fixtures annexed to the land by a third party under an
agreement between him and the mortgagor which permits him to remove
them in some circumstances can be removed by the third party
Tenant for life: ( someone with a life interest) chattels annexed by the
tenant for life or so as to become part of the land belong to the owner of
the fee simple , though a deceased tenant for personal representative
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Mortgagor . 2

Tenant for life: ( someone with a life interest) chattels


annexed by the tenant for life or so as to become part of
the land belong to the owner of the fee simple , though a
deceased tenant for personal representative can remove
such fixtures are removable by a tenant under lease
Executors of a Fee simple owner and a devisee ( the
person whom the deceased Fee Simple owner left the land)
all fixtures pass to the land to the Devisee
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WEEK 04
THE DOCTRINE OF TENURE , POSITION
OWNERSHIP

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The Doctrine of tenure

Following the Norman invasion of England in 1066 the King was


considered as the owner of the Land
The King created a system of land holding under which the right
to hold land was granted to tenants for the purpose of some
services
In this context the term tenant simply meant a holder of Land
( It does not denote the modern landlord and tenant relationship )
so, the different services that were required of the tenant in the
effect the land was held known as tenures
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Cont

These tenants who received a grant of land from the king known
as tenants in chief and
In turn these tenants granted parts of the land to other tenants
known as mesne lords again in return for the performance of
the services which in addition mentioned
The additional services included provision of agricultural services
known as Socage
This system of land holding created only free tenures resulted
in a creation of a feudal pyramid with the King as its Apex
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Cont

In addition the lower level of the Pyramid there was a system of


landholding based on unfree tenure or villeinage ( later was called
copyhold tenure)
unfree tenants hold the land onbehalf of the free tenats
So , the theoretical importance of doctrine of tenure was that there was
no transfer of ownership of the land itself
the doctrine of tenure had practical significance namely, requiring to
perform special services to the immediate overlord and secondly , some
forms of tenure know as incidents of tenure to demand financial and
other benefits.
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Cont

In addition the lower level of the Pyramid there was a system of


landholding based on unfree tenure or villeinage ( later was called
copyhold tenure)
unfree tenants hold the land onbehalf of the free tenats
So , the theoretical importance of doctrine of tenure was that there was
no transfer of ownership of the land itself
the doctrine of tenure had practical significance namely, requiring to
perform special services to the immediate overlord and secondly , some
forms of tenure know as incidents of tenure to demand financial and
other benefits.
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The Doctrine of Estate


The tenant owns an abstarct entity known as estate in which the
entitlement to exercise what amounts to ownership right over the land
for a particular period of time
The tenure denotes the term on which a grant of ownership of land wad
made, the estate denotes the duration of the rights granted on those
terms
when the doctrine of estate was first developed , the Freehold and
leasehold estates did not exist.
therefore , the estates recognized by the common law were the estates
granted to feudal pyramid holding by free tenure
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The Doctrine of Estate


The tenant owns an abstarct entity known as estate in which the
entitlement to exercise what amounts to ownership right over the land
for a particular period of time
The tenure denotes the term on which a grant of ownership of land wad
made, the estate denotes the duration of the rights granted on those
terms
when the doctrine of estate was first developed , the Freehold and
leasehold estates did not exist.
therefore , the estates recognized by the common law were the estates
granted to feudal pyramid holding by free tenure
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The Concept of Ownership Possession an Title


In English law, ownership has never applied directly to land , it laid
down the procedures for the recovery of land concentrated either with
the ownership of the land or on possession ( or siesin) of the land itself
entitlement to ownership rights over land (title to land) depend upon
the better right to possession
The term ownership rights the current owner of an estate in
possession does not own land , subjected , he/she is entitled to exercise
those right of use, enjoyment and disposition associated with ownership

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Cont
Asher v Whitlock (1865) L.R.Q.B.1
One Williamson took possession of land manorial land on which a
cottage was build. he devised the land to his widow until she remained
un married with the remainder to his daughter in fee Simple
the widow remarried and later the widow and the daughter died and
the defendant continued living in the cottage
later the plaintiff ( the heirs) of the daughter sought to remove the
defendant , and they relied on the better right to possession which was
inherited by the daughter
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Cont

The question of title to land arise in litigation , the court


is only concerned with the relative strengths of the title
proved by the claimant.
Eg: If party A can prove better title than B he is entitled to
succeed
later the plaintiff ( the heirs) of the daughter sought to
remove the defendant , and they relied on the better right
to possession which was inherited by the daughter

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Cont
Asher v Whitlock (1865) L.R.Q.B.1
One Williamson took possession of land manorial land on which a
cottage was build. he devised the land to his widow until she remained
un married with the remainder to his daughter in fee Simple
the widow remarried and later the widow and the daughter died and
the defendant continued living in the cottage
later the plaintiff ( the heirs) of the daughter sought to remove the
defendant , and they relied on the better right to possession which was
inherited by the daughter
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