Beruflich Dokumente
Kultur Dokumente
WEEK 3&4
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
4
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
8
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
10
11
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.
12
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
13
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
14
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.
15
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.
16
Finds
o objects found in or attached to the land belongs
the occupier
o Objects found on the surface of the land may
17
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.
18
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
19
Cont
Elitestone Ltd v Morris (1997) 1 W.L.R 687
the land
o other fixtures
20
22
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
25
26
Cont
27
Cont
not
destruction.
be
removed
without
its
28
29
30
Tenants Fixtures . 1
a)Trade Fixtures; those attached by the tenant for the purpose
Mortgagor . 2
Mortgagor . 2
WEEK 04
THE DOCTRINE OF TENURE , POSITION
OWNERSHIP
34
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
36
Cont
Cont
41
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
42
Cont
43
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
44