,Chapter 1: Nature of Land
1. The first weird thing about Land Law
Land Law starts with a strange idea:
You do not technically own land.
All land in England and Wales is owned by the Crown. What people actually own are rights in
land.
So when someone says:
“I own my house”
what they usually mean is:
“I own an estate in the land.”
That sounds unnecessarily technical, but it matters because Land Law is basically about
working out:
what right someone has;
whether that right is legal or equitable;
whether the right has been created properly; and
whether it binds someone else.
If you can answer those questions, most Land Law problems become much less scary.
2. Real property vs personal property
Property is split into two broad categories.
Real property
Real property is land and rights connected with land.
Examples:
freehold land;
leasehold land;
easements;
mortgages;
,rights attached to land.
This is the world of Land Law.
Personal property
Personal property is basically everything else.
Examples:
cars;
jewellery;
furniture;
laptops;
money.
So if I sell my house, Land Law cares about the house and the land. It may also care about
whether certain things inside the house have become part of the land.
That brings us to fixtures and fittings.
3. What actually counts as land?
Land is not just the surface of the ground.
It can include:
the surface of the land;
buildings attached to the land;
things under the land, such as soil and minerals;
things growing on the land;
airspace above the land, but only to the extent reasonably necessary for ordinary use.
So you do not own the sky forever upwards.
But you may have rights in the airspace needed to use and enjoy your land properly.
For example, if someone’s crane swings across your garden every day, that may be a problem.
But a plane flying above your house is not treated the same way.
, 4. Fixtures and fittings
This comes up when land is sold.
The question is:
What goes with the house automatically?
A fixture forms part of the land.
A fitting does not.
Fixture
A fixture passes automatically to the buyer when the land is sold.
Examples might include:
built-in wardrobes;
fitted kitchen units;
bathroom suites;
central heating systems.
Fitting
A fitting remains personal property unless the parties agree otherwise.
Examples might include:
sofas;
curtains;
rugs;
freestanding lamps.
So if something is a fixture, it goes with the property. If it is a fitting, it only goes if it is included in
the contract or fittings and contents form.
5. How do you tell if something is a fixture?
There are two tests.
Test 1: Degree of annexation
1. The first weird thing about Land Law
Land Law starts with a strange idea:
You do not technically own land.
All land in England and Wales is owned by the Crown. What people actually own are rights in
land.
So when someone says:
“I own my house”
what they usually mean is:
“I own an estate in the land.”
That sounds unnecessarily technical, but it matters because Land Law is basically about
working out:
what right someone has;
whether that right is legal or equitable;
whether the right has been created properly; and
whether it binds someone else.
If you can answer those questions, most Land Law problems become much less scary.
2. Real property vs personal property
Property is split into two broad categories.
Real property
Real property is land and rights connected with land.
Examples:
freehold land;
leasehold land;
easements;
mortgages;
,rights attached to land.
This is the world of Land Law.
Personal property
Personal property is basically everything else.
Examples:
cars;
jewellery;
furniture;
laptops;
money.
So if I sell my house, Land Law cares about the house and the land. It may also care about
whether certain things inside the house have become part of the land.
That brings us to fixtures and fittings.
3. What actually counts as land?
Land is not just the surface of the ground.
It can include:
the surface of the land;
buildings attached to the land;
things under the land, such as soil and minerals;
things growing on the land;
airspace above the land, but only to the extent reasonably necessary for ordinary use.
So you do not own the sky forever upwards.
But you may have rights in the airspace needed to use and enjoy your land properly.
For example, if someone’s crane swings across your garden every day, that may be a problem.
But a plane flying above your house is not treated the same way.
, 4. Fixtures and fittings
This comes up when land is sold.
The question is:
What goes with the house automatically?
A fixture forms part of the land.
A fitting does not.
Fixture
A fixture passes automatically to the buyer when the land is sold.
Examples might include:
built-in wardrobes;
fitted kitchen units;
bathroom suites;
central heating systems.
Fitting
A fitting remains personal property unless the parties agree otherwise.
Examples might include:
sofas;
curtains;
rugs;
freestanding lamps.
So if something is a fixture, it goes with the property. If it is a fitting, it only goes if it is included in
the contract or fittings and contents form.
5. How do you tell if something is a fixture?
There are two tests.
Test 1: Degree of annexation
