7009073
Description
Flashcards by Gary Rowland, updated more than 1 year ago
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Created by Gary Rowland
about 8 years ago
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| Question | Answer |
| How is land defined in 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." |
| What is the statutory definition of land? | s205 (1) (ix) Law of Property Act 1925 "Land of any tenure, any mines or 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 and other corporeal hereditaments and other incorporeal hereditaments |
| Explain the difference between a fixture and a fitting and what form is used to distinguish these? | A fixture is attached to the land and will pass with the sale unless clearly stated A fitting is not attached to the land and will not automatically pass with the sale unless agreed otherwise Form - Fittings and Contents |
| How can you distinguish between a fixture and a fitting? | Degree of Attachment - If attached other than by own weight, likely to be a fixture. (Holland v Hodgson) - Spinning Loom Purpose of Attachment - If attached for own benefit, likely to be a fitting (Leigh v Taylor) - Tapestry Permanence is also relevant |
| Explain limitations regarding airspace | Land owner is only allowed rights in the airspace to such a height as necessary for the ordinary use and enjoyment of land (Bernstein v Skyviews Ltd) - Aerial Photos s76 Civil Aviation Act 1982 - Cannot object to passage of aircraft over land |
| Explain what a landowner is not entitled to under his land | Mines of gold and silver / treasure belong to Crown (Treasure Act 1996) Oil belongs to Crown (Petroleum (Production) Act 1934 Coal belongs to Coal Authority (Coal Act 1938) |
| What does the Infrastructure Act 2015 allow for? | Fracking to take place below 300 metres under neighbouring land |
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