Land Revision
Topic 1- CLASSIFICATIONS AND DEFINITIONS
Fundamental Concepts
Land defined in Bernstein v Skyview – doesn’t extend to airspace as well. Defeats traditional view that land is everything up to the heavens etc.
Land includes corporeal hereditaments- the land and what is attached to it, as well as incorporeal hereditaments- Rights over land including easements and rights of way. Sellers usually write a list of what they see as fixtures and what they see as chattels
Botham v TSB Bank plc [1996] This case involved the sale of a repossessed property by a mortgagee - TSB Bank. The bank applied to the High Court to decide if certain everyday articles in the borrower's flat were 'fixtures' and therefore were subject to the bank's mortgage, so it could sell them as mortgagee and give good title to a purchaser. The disputed items included fitted carpets, light fittings, gas fires, curtains and blinds, soap dishes and shower heads.
The High Court judgment was reversed by the Court of Appeal which re-affirmed that the 'annexation test' is not sufficient by itself to conclude if an item is to be classified as a fixture. established the degree of annexation and purpose tests.
Definitions
Freehold-unlimited time, leasehold-limited time. Should be capable of existing forever. Leasehold- Limited amount of time, depending on the lease.
Easement= gives the right to use the land of another in some way, or to prevent it from being used for certain purposes, e.g. rights of way and rights of water and light.
Profit= gives the right to take something from the land of another e.g. peat, fish, wood or grazing rights.
Corporeal hereditaments- tangible characteristics of land. Things which are attached to or inherent to the land. Buildings, trees, subjacent minerals and a portion of subjacent airspace. Physical, fixed to something.
Incorporeal hereditaments- intangible rights which may be enjoyed over or in respect of the land. Not fixed to anything,
Fundamental Concepts
Land defined in Bernstein v Skyview – doesn’t extend to airspace as well. Defeats traditional view that land is everything up to the heavens etc.
Land includes corporeal hereditaments- the land and what is attached to it, as well as incorporeal hereditaments- Rights over land including easements and rights of way. Sellers usually write a list of what they see as fixtures and what they see as chattels
Botham v TSB Bank plc [1996] This case involved the sale of a repossessed property by a mortgagee - TSB Bank. The bank applied to the High Court to decide if certain everyday articles in the borrower's flat were 'fixtures' and therefore were subject to the bank's mortgage, so it could sell them as mortgagee and give good title to a purchaser. The disputed items included fitted carpets, light fittings, gas fires, curtains and blinds, soap dishes and shower heads.
The High Court judgment was reversed by the Court of Appeal which re-affirmed that the 'annexation test' is not sufficient by itself to conclude if an item is to be classified as a fixture. established the degree of annexation and purpose tests.
Definitions
Freehold-unlimited time, leasehold-limited time. Should be capable of existing forever. Leasehold- Limited amount of time, depending on the lease.
Easement= gives the right to use the land of another in some way, or to prevent it from being used for certain purposes, e.g. rights of way and rights of water and light.
Profit= gives the right to take something from the land of another e.g. peat, fish, wood or grazing rights.
Corporeal hereditaments- tangible characteristics of land. Things which are attached to or inherent to the land. Buildings, trees, subjacent minerals and a portion of subjacent airspace. Physical, fixed to something.
Incorporeal hereditaments- intangible rights which may be enjoyed over or in respect of the land. Not fixed to anything,