BPP GDL – Land Law Exam Notes
What is Land?
Ownership of Land and Rights
The Space Below the Ground
- Grigsby v Melville: Fundamental principle that a conveyance of land ordinarily carries with it
all that is beneath the surface.
Airspace
- An owner’s rights to airspace above his land are restricted to such height as is necessary for
the ordinary use and enjoyment of the land and the structures upon it. Bernstein v Skyviews
- The law makes a distinction between the lower airspace and the upper airspace.
- If a structure overhangs your property in the lower airspace that is trespass irrespective of if
damage is caused.
- Kelsen v Imperial Tobacco: Injunction granted for removal of advertising sign.
- Lemmon v Webb: A neighbouring owner is entitled to lop off overhanging branches that
intrude into airspace. However, must offer the severed branches back to the neighbour.
- Ellis v Loftus Iron: Horse putting its head across a dividing fence constituted a trespass.
- Court can either grant a discretionary injunction to stop the trespass or award damages.
Things Found on the Land
- The title of the true owner is paramount – Moffatt v Kazana.
- If the true owner cannot be found then there are three possibilities: The item may vest in the
Crown if ‘treasure’; in the land owner if deemed to be part of the land; or in the finder.
Treasure Trove
- Treasure trove is governed by the Treasure Act 1996. Treasure is defined in s1.
Objects Found that are not Treasure Trove
Objects found within or attached to the land
- The landowner is entitled to these objects (if the true owner cannot be traced) even if they
were not the finder and even if unaware of the object’s existence. Waverley BC v Fletcher.
Objects found unattached to the land
- Here the rule is that the object does not form part of the land and the finder may keep the
property found UNLESS the landowner, before the chattel is found, has manifested an
intention to exercise control over the land and the things which may be found upon it or in it.
This manifestation may be express or implied from the circumstances.
- Parker v British Airways Board
Land Law – Distinction Level Revision Notes | Page 1 of 27
,Fixtures vs Chattels
à A fixture is a chattel which, when attached physically to the land, becomes part of the land.
Degree of Annexation
- The more firmly the object is fixed to the land or building, the more likely it is to be classified
as a fixture. Even if it fairly easy to remove, its character is still prima facie that of a fixture. If,
on the other hand, it rests by its own weight, it is generally considered a chattel.
- Fixtures
• Spinning looms bolted to the floor of a mill – Holland v Hodgson.
- Not Fixtures
• Moveable greenhouses – Dibble v Moore.
The presumption arising from the degree of annexation test may be rebutted by the purpose of
annexation test – Holland v Hodgson.
Purpose of Annexation
- The purpose of installing the item is looked at objectively to determine whether the item was
put in the property to improve the property permanently, or whether it was put there
temporarily for the more convenient use or enjoyment of the object.
- If for the more convenient use of the chattel, it remains a chattel notwithstanding the degree
of annexation, as long as the degree of annexation is no more than necessary for the
enjoyment of the chattel. If an item cannot be removed without damaging the fabric of the
building, it is likely to be a fixture.
- If chattels are incorporated into the architectural design of a building, they may consequently
be classified as fixtures even though they are not firmly affixed:
• D’Eyncourt v Gregory – stone garden seat and ornamental statues.
- Equally, a chattel may be securely affixed to the land but remain a chattel if the purpose of
annexation is the better enjoyment of the chattel as such
• Leigh v Taylor – Tapestry tacked securely to wall. Purpose merely to display tapestry.
- Botham v TSB Bank –
• Fixtures = bathroom fittings.
• Chattels = Fitted carpet, light fitting, gas fire, curtain and blinds, kitchen white goods.
- Elitestone v Morris
• A removable house may remain a chattel, even though it is connected temporarily to
mains services e.g. water and electricity.
• But a house which is constructed in such a way that it cannot be removed at all, save
by destruction, cannot have been intended to remain as a chattel. It must have been
intended to form part of the realty.
The Importance of the Distinction
- Where the land is mortgaged, fixtures form part of the security and will be included in any
sale by the mortgagee following repossession.
- s205 LPA – land includes fixtures.
Land Law – Distinction Level Revision Notes | Page 2 of 27
, Legal Estates in Land
à There are only two major forms of land ownership existing as legal estates – LPA 1925 s1(1):
i. The freehold (fee simple absolute in possession).
ii. The leasehold (term of years absolute).
Although these are the only two estates in land capable of existing at law, it does not necessarily follow
that such estates will always be legal.
Freehold – Fee Simple Absolute in Possession
Acquisition of the Freehold Estate
1. Exchange of contracts: Seller and buyer agree price and other terms in a binding contract.
2. Completion: Seller transfers the property to the buyer by deed. In unregistered land, legal
title passes at this point, although sale will trigger a legal requirement to register the land.
3. Registration: The buyer is registered as the new owner. In registered land, this is the point at
which legal title passes. LRA 2002, ss4(1) and 27(1).
The Contract Stage
- Contracts governed by LP(MP)A 1989 s2.
i. The contract must be in writing;
ii. It must contain all the expressly agreed terms; and
iii. It must be signed by both parties.
Containing all the expressly agreed terms
- The terms may either be contained in one document which is signed by both parties or, if the
contracts are exchanged, in two documents provided identical – LP(MP)A 1989 s2(1).
- If all of the agreed terms are not included, the contract is void and unenforceable.
- Variations also need to comply. Whenever a material term in a contract for the sale or
disposition of land is varied, variation must comply with s2 as well – McCausland v Lawrie.
- A contract cannot be created by correspondence instead of a document compliant with
LP(MP)A 1989 – New Towns v Cooper.
Completion – Transfer of the Legal Estate
- A legal estate must be conveyed or created by deed – s52(1) LPA 1925.
- The requirements of a valid deed are set out in LP(MP)A 1989 s1
• Says is a deed.
• Signed by the grantor.
• Witnessed. – needs to sign.
• Dated. – delivery requires an acknowledgement that a person entering into a deed
intends to be formally bound by its provisions.
Land Law – Distinction Level Revision Notes | Page 3 of 27
What is Land?
Ownership of Land and Rights
The Space Below the Ground
- Grigsby v Melville: Fundamental principle that a conveyance of land ordinarily carries with it
all that is beneath the surface.
Airspace
- An owner’s rights to airspace above his land are restricted to such height as is necessary for
the ordinary use and enjoyment of the land and the structures upon it. Bernstein v Skyviews
- The law makes a distinction between the lower airspace and the upper airspace.
- If a structure overhangs your property in the lower airspace that is trespass irrespective of if
damage is caused.
- Kelsen v Imperial Tobacco: Injunction granted for removal of advertising sign.
- Lemmon v Webb: A neighbouring owner is entitled to lop off overhanging branches that
intrude into airspace. However, must offer the severed branches back to the neighbour.
- Ellis v Loftus Iron: Horse putting its head across a dividing fence constituted a trespass.
- Court can either grant a discretionary injunction to stop the trespass or award damages.
Things Found on the Land
- The title of the true owner is paramount – Moffatt v Kazana.
- If the true owner cannot be found then there are three possibilities: The item may vest in the
Crown if ‘treasure’; in the land owner if deemed to be part of the land; or in the finder.
Treasure Trove
- Treasure trove is governed by the Treasure Act 1996. Treasure is defined in s1.
Objects Found that are not Treasure Trove
Objects found within or attached to the land
- The landowner is entitled to these objects (if the true owner cannot be traced) even if they
were not the finder and even if unaware of the object’s existence. Waverley BC v Fletcher.
Objects found unattached to the land
- Here the rule is that the object does not form part of the land and the finder may keep the
property found UNLESS the landowner, before the chattel is found, has manifested an
intention to exercise control over the land and the things which may be found upon it or in it.
This manifestation may be express or implied from the circumstances.
- Parker v British Airways Board
Land Law – Distinction Level Revision Notes | Page 1 of 27
,Fixtures vs Chattels
à A fixture is a chattel which, when attached physically to the land, becomes part of the land.
Degree of Annexation
- The more firmly the object is fixed to the land or building, the more likely it is to be classified
as a fixture. Even if it fairly easy to remove, its character is still prima facie that of a fixture. If,
on the other hand, it rests by its own weight, it is generally considered a chattel.
- Fixtures
• Spinning looms bolted to the floor of a mill – Holland v Hodgson.
- Not Fixtures
• Moveable greenhouses – Dibble v Moore.
The presumption arising from the degree of annexation test may be rebutted by the purpose of
annexation test – Holland v Hodgson.
Purpose of Annexation
- The purpose of installing the item is looked at objectively to determine whether the item was
put in the property to improve the property permanently, or whether it was put there
temporarily for the more convenient use or enjoyment of the object.
- If for the more convenient use of the chattel, it remains a chattel notwithstanding the degree
of annexation, as long as the degree of annexation is no more than necessary for the
enjoyment of the chattel. If an item cannot be removed without damaging the fabric of the
building, it is likely to be a fixture.
- If chattels are incorporated into the architectural design of a building, they may consequently
be classified as fixtures even though they are not firmly affixed:
• D’Eyncourt v Gregory – stone garden seat and ornamental statues.
- Equally, a chattel may be securely affixed to the land but remain a chattel if the purpose of
annexation is the better enjoyment of the chattel as such
• Leigh v Taylor – Tapestry tacked securely to wall. Purpose merely to display tapestry.
- Botham v TSB Bank –
• Fixtures = bathroom fittings.
• Chattels = Fitted carpet, light fitting, gas fire, curtain and blinds, kitchen white goods.
- Elitestone v Morris
• A removable house may remain a chattel, even though it is connected temporarily to
mains services e.g. water and electricity.
• But a house which is constructed in such a way that it cannot be removed at all, save
by destruction, cannot have been intended to remain as a chattel. It must have been
intended to form part of the realty.
The Importance of the Distinction
- Where the land is mortgaged, fixtures form part of the security and will be included in any
sale by the mortgagee following repossession.
- s205 LPA – land includes fixtures.
Land Law – Distinction Level Revision Notes | Page 2 of 27
, Legal Estates in Land
à There are only two major forms of land ownership existing as legal estates – LPA 1925 s1(1):
i. The freehold (fee simple absolute in possession).
ii. The leasehold (term of years absolute).
Although these are the only two estates in land capable of existing at law, it does not necessarily follow
that such estates will always be legal.
Freehold – Fee Simple Absolute in Possession
Acquisition of the Freehold Estate
1. Exchange of contracts: Seller and buyer agree price and other terms in a binding contract.
2. Completion: Seller transfers the property to the buyer by deed. In unregistered land, legal
title passes at this point, although sale will trigger a legal requirement to register the land.
3. Registration: The buyer is registered as the new owner. In registered land, this is the point at
which legal title passes. LRA 2002, ss4(1) and 27(1).
The Contract Stage
- Contracts governed by LP(MP)A 1989 s2.
i. The contract must be in writing;
ii. It must contain all the expressly agreed terms; and
iii. It must be signed by both parties.
Containing all the expressly agreed terms
- The terms may either be contained in one document which is signed by both parties or, if the
contracts are exchanged, in two documents provided identical – LP(MP)A 1989 s2(1).
- If all of the agreed terms are not included, the contract is void and unenforceable.
- Variations also need to comply. Whenever a material term in a contract for the sale or
disposition of land is varied, variation must comply with s2 as well – McCausland v Lawrie.
- A contract cannot be created by correspondence instead of a document compliant with
LP(MP)A 1989 – New Towns v Cooper.
Completion – Transfer of the Legal Estate
- A legal estate must be conveyed or created by deed – s52(1) LPA 1925.
- The requirements of a valid deed are set out in LP(MP)A 1989 s1
• Says is a deed.
• Signed by the grantor.
• Witnessed. – needs to sign.
• Dated. – delivery requires an acknowledgement that a person entering into a deed
intends to be formally bound by its provisions.
Land Law – Distinction Level Revision Notes | Page 3 of 27
