Meaning of Land

Meaning of Land

Statutory Definition of land
1. LPA 1925, s.205 (1) (ix)
Cuius est solum
1. the principle that he who owns land owns everything up to the sky and down to the centre of the earth
  1. Bocardo
    1. Hope- Maxim is part of the law but it is not absolute nor consistent
      1. drilling for oil under an others house, was found not to be absurd so was the registered owners property
  2. Buried treasure
    1. treasure trove
      1. belongs to the crown
    2. Elwes v briggs
      1. landlord or those who are in possession have a stronger claim if original owner cannot be found
  3. Airspace
    1. Kelsen
      1. advertising sign overhanging shop had to be removed
        things such as wires, ads and trees can all be counted as trespass
    2. Berstien v Skyviews
      1. airplane flying overhead taking photos was not trespass
        as much airspace as necessary to enjoy the land
Water
1. Alluvion and Divulion
  1. the increase or decrease in the boundary of ones land over time with the movement of water
2. the owner of the land owns the land under the water and so everything above joint banks will both rights up the middle of the river
Fixtures and Fittings
1. Chattels becoming Fixtures
  1. things bought into the property which then become part of it
    1. the degree of annexation
      1. how attached to the land is the object
        Berkely v poulett
        architectural fittings can be fixtures along as they are part of the building not just there because it would be easier to enjoy
    2. the purpose of the fittings
      1. Berkley
        if it is designed to improve the building then it is a fixture if not it is a fitting
2. Tenants fixtures
  1. fixtures that are bought onto the land by a tenant will then become part of the property (belonging to the landlord) unless they are in the exclusions
    1. trade fixtures
      1. Elliot v Bishop
        items that help with the tenants trade will stay as fittings so they can take them with them
    2. Ornamental
      1. Martin V Roe
        Can be removed as a whole, without substantial damage, which has traditionally been regarded as ornamental
    3. Agricultural
      1. Agricultural tenancies act 1995
        All fixtures can be removed, but must not cause damage
Finding
1. Parker v British Airways
  1. Moffatt v Kazana
    1. Best claim is the original owner
  2. item has to have been lost or abandoned
    1. taken into the control of the D
      1. Trespassers or those of dishonest intent have a weaker claim
      2. finder has a weaker claim than the true owner
        finder will only have a weaker claim than land owner if the land owner intends to exercise control over the land and anything found on it
        therefore because the necklace in this case was found in a business lounge they could not prove control
  3. Waverley Borough council v Fletcher
    1. Brooch found buried in a park
      1. was outside the licence so was a trespasser as such did not have as strong claim as the owner
      2. Fact that it was buried meant they had a better claim
2. Relativity of Title
  1. who has the best title

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	Created by philip_res about 10 years ago