📍
Fundamental & Pervasive Concepts
of Land Law
What is Land?
Land is not strictly property
'Property' often refers to land, but it actually means rights that give control over a
resource. These rights can be for land (e.g., leases, easements, covenants) or other assets
like cars or company shares. With shares, there's no physical object - just rights to
dividends, voting, and asset distribution if the company closes.
Properties are roughly classes as either “Commercial Properties” which means that they
are used for the purpose of a business, for example, offices, shops and warehouses. Or
they are classes as “Residential Properties” which means that people live in them, house
and flats for example.
An Ordinary Dictionary Definition
“the solid part of the earth’s surface; ground; soil.”
The Legal Definition
Fundamental & Pervasive Concepts of Land Law 1
, 📍 Section 205, subsection one nine of the Law of Property Act 1925:
“’Land’ includes land of any tenure, and mines and minerals,
whether or not held apart from the surface, buildings or parts
of buildings (whether the division is horizontal or vertical or
made in any other way) and other corporeal hereditaments;
also a manor advowson, and a rent and other incorporeal
hereditaments and an easement, right, privilege, or benefit in,
over, or derived from land…
This definition of land is designed to explain what is meant every time the
word “land” is used in the Law of Property Act, but it provides a good
working definition generally for land law.
“Hereditament” simply means that the land or right can be inherited
when the original landowner dies.
“Mines and minerals” — Historically included any coal beneath the
property. However, all interests in coal are now vested in the Coal
Authority under the Coal Industry Act 1994.
“A manor and advowson” — Reflects the feudal nature of the
development of land law and have limited modern application.
“Buildings and parts of buildings” — Can be divided horizontally or
vertically, meaning that it is possible for a building to be included within
the definition of land although it does not touch the soil. This is called a
‘flying freehold’.
The legal definition of land is much wider than merely the surface of the
earth: “land” is comprised of “corporeal hereditaments and incorporeal
hereditaments”.
“Corporeal” — The physical and tangible characteristics of land which
are capable of being inherited. For example, trees, rocks and clods of
earth.
“Incorporeal” — Intangible property rights which are capable of being
inherited. For example, profits and easements.
Fundamental & Pervasive Concepts of Land Law 2
, SO → land is a physical thing that can be touched, but it can also
be an intangible thing, such as a right to cross someone’s land to
get to your own land.
If you have such a right, then that right is part of your land and
passes with your land if you sell it.
Scope of the Definition
What is included in the ownership of a piece of land?
One important matter not dealt with in the definition, is whether land consists of what
you can see on the surface or what is below the surface and the airspace above.
Historical rule, was that ownership of land ‘extends upwards to infinity and
downwards to the centre of the earth’. (In Latin, ‘Cujus est solum, ejus est usque ad
coelum et ad inferos’.) However, case law has curtailed this first part of the rule:
Bernstein of Leigh Baron and Skyviews and General Limited (1977) 3 WLR 136
concluded that a landowner’s ownership of the airspace above his or her
land is restricted to such height as is necessary for the ordinary, everyday
enjoyment of the land and the structures that are placed on it.
Beyond that they have no more of a claim to airspace than any other member of
the public.
Otherwise an aeroplane flying above your home at 30,000 feet, or a satellite in
space, would be trespassing on your land.
Not all minerals etc… below the ground can still belong to the landowner. For
example all interests in coal are now vested in the Coal Authority under the
Coal Industry Act 1994.
AND Treasure belongs to the Crown.
Fixtures and Chattels
When we consider what is included in the ownership of a piece of land, it will involve
some sort of dwelling – a house or bungalow or a flat, but the object in that dwelling are
not always included in the ownership.
This issue, relating to ownership of land, is important in practice arises when it comes to
the buying and selling of land.
Fundamental & Pervasive Concepts of Land Law 3
, E.g. In residential homes, there will be furniture, pictures perhaps, or photographs in
frames. In the kitchen there will be a cooker and fridge and perhaps other appliances.
In the bathroom there will be a bath or shower and a washbasin. If the home was
sold, whether these things are to be sold with it, will depend on whether they are
fixtures or chattels.
📍 FIXTURES VERSUS CHATTELS
A CHATTEL — an item of movable property (such as furniture,
pictures, books, a motor car) as opposed to land, which is immovable.
If you buy someone’s house, you don’t generally intend to buy their car as
well. These are personal items and the assumption is that the seller will be
taking them to their new home.
Until you attach such moveable items, they are undoubtedly chattels. Then,
by attaching them you may have converted them into what are known as
fixtures.
A FIXTURE is part of land or, more likely, part of a building which
stands on, and is part of, a piece of land - Section 205, subsection one nine
of the Law of Property Act 1925.
The Basic Position — whatever is attached to the soil becomes part of it.
E.g. Taking a brick from a pile at a builder’s merchants and placing it on the patio in
your garden makes it a chattel, once you build the brick into a wall in your garden it
becomes a fixture. If you attach a chattel to land it can cease to be a chattel and
become a fixture.
If something is a fixture, it is treated as part of the land to which it is attached, and, if that
land is sold, it forms part of that land being sold.
Can be an area of dispute between a buyer & seller — normally dealt with in the
contract.
Essentially, an item cannot be removed by the seller, unless the buyer has agreed to its
removal and the contract between the seller & buyer provides for that removal.
What if the contract is silent on this matter?
Fundamental & Pervasive Concepts of Land Law 4
Fundamental & Pervasive Concepts
of Land Law
What is Land?
Land is not strictly property
'Property' often refers to land, but it actually means rights that give control over a
resource. These rights can be for land (e.g., leases, easements, covenants) or other assets
like cars or company shares. With shares, there's no physical object - just rights to
dividends, voting, and asset distribution if the company closes.
Properties are roughly classes as either “Commercial Properties” which means that they
are used for the purpose of a business, for example, offices, shops and warehouses. Or
they are classes as “Residential Properties” which means that people live in them, house
and flats for example.
An Ordinary Dictionary Definition
“the solid part of the earth’s surface; ground; soil.”
The Legal Definition
Fundamental & Pervasive Concepts of Land Law 1
, 📍 Section 205, subsection one nine of the Law of Property Act 1925:
“’Land’ includes land of any tenure, and mines and minerals,
whether or not held apart from the surface, buildings or parts
of buildings (whether the division is horizontal or vertical or
made in any other way) and other corporeal hereditaments;
also a manor advowson, and a rent and other incorporeal
hereditaments and an easement, right, privilege, or benefit in,
over, or derived from land…
This definition of land is designed to explain what is meant every time the
word “land” is used in the Law of Property Act, but it provides a good
working definition generally for land law.
“Hereditament” simply means that the land or right can be inherited
when the original landowner dies.
“Mines and minerals” — Historically included any coal beneath the
property. However, all interests in coal are now vested in the Coal
Authority under the Coal Industry Act 1994.
“A manor and advowson” — Reflects the feudal nature of the
development of land law and have limited modern application.
“Buildings and parts of buildings” — Can be divided horizontally or
vertically, meaning that it is possible for a building to be included within
the definition of land although it does not touch the soil. This is called a
‘flying freehold’.
The legal definition of land is much wider than merely the surface of the
earth: “land” is comprised of “corporeal hereditaments and incorporeal
hereditaments”.
“Corporeal” — The physical and tangible characteristics of land which
are capable of being inherited. For example, trees, rocks and clods of
earth.
“Incorporeal” — Intangible property rights which are capable of being
inherited. For example, profits and easements.
Fundamental & Pervasive Concepts of Land Law 2
, SO → land is a physical thing that can be touched, but it can also
be an intangible thing, such as a right to cross someone’s land to
get to your own land.
If you have such a right, then that right is part of your land and
passes with your land if you sell it.
Scope of the Definition
What is included in the ownership of a piece of land?
One important matter not dealt with in the definition, is whether land consists of what
you can see on the surface or what is below the surface and the airspace above.
Historical rule, was that ownership of land ‘extends upwards to infinity and
downwards to the centre of the earth’. (In Latin, ‘Cujus est solum, ejus est usque ad
coelum et ad inferos’.) However, case law has curtailed this first part of the rule:
Bernstein of Leigh Baron and Skyviews and General Limited (1977) 3 WLR 136
concluded that a landowner’s ownership of the airspace above his or her
land is restricted to such height as is necessary for the ordinary, everyday
enjoyment of the land and the structures that are placed on it.
Beyond that they have no more of a claim to airspace than any other member of
the public.
Otherwise an aeroplane flying above your home at 30,000 feet, or a satellite in
space, would be trespassing on your land.
Not all minerals etc… below the ground can still belong to the landowner. For
example all interests in coal are now vested in the Coal Authority under the
Coal Industry Act 1994.
AND Treasure belongs to the Crown.
Fixtures and Chattels
When we consider what is included in the ownership of a piece of land, it will involve
some sort of dwelling – a house or bungalow or a flat, but the object in that dwelling are
not always included in the ownership.
This issue, relating to ownership of land, is important in practice arises when it comes to
the buying and selling of land.
Fundamental & Pervasive Concepts of Land Law 3
, E.g. In residential homes, there will be furniture, pictures perhaps, or photographs in
frames. In the kitchen there will be a cooker and fridge and perhaps other appliances.
In the bathroom there will be a bath or shower and a washbasin. If the home was
sold, whether these things are to be sold with it, will depend on whether they are
fixtures or chattels.
📍 FIXTURES VERSUS CHATTELS
A CHATTEL — an item of movable property (such as furniture,
pictures, books, a motor car) as opposed to land, which is immovable.
If you buy someone’s house, you don’t generally intend to buy their car as
well. These are personal items and the assumption is that the seller will be
taking them to their new home.
Until you attach such moveable items, they are undoubtedly chattels. Then,
by attaching them you may have converted them into what are known as
fixtures.
A FIXTURE is part of land or, more likely, part of a building which
stands on, and is part of, a piece of land - Section 205, subsection one nine
of the Law of Property Act 1925.
The Basic Position — whatever is attached to the soil becomes part of it.
E.g. Taking a brick from a pile at a builder’s merchants and placing it on the patio in
your garden makes it a chattel, once you build the brick into a wall in your garden it
becomes a fixture. If you attach a chattel to land it can cease to be a chattel and
become a fixture.
If something is a fixture, it is treated as part of the land to which it is attached, and, if that
land is sold, it forms part of that land being sold.
Can be an area of dispute between a buyer & seller — normally dealt with in the
contract.
Essentially, an item cannot be removed by the seller, unless the buyer has agreed to its
removal and the contract between the seller & buyer provides for that removal.
What if the contract is silent on this matter?
Fundamental & Pervasive Concepts of Land Law 4
