LAND LAW 1 FINAL EXAM - KEY
CONCEPTS, REGISTRATION OF TITLE-
OWNERSHIP, ADVERSE POSSESSION,
QUESTIONS AND ANSWERS
What was found in Bernstein of Leigh v Skyviews Ltd (1978)? - Answer-Taking aerial
photographs in a plane above one's land did not amount to trespass. This was not
held within the landowner's airspace
What was found in Lemmon v Webb (1894) and Mills v Brooker (1919)? - Answer-
Overhanging branching over a neighbour's trees were held as breaching that
person's airspace
What was found in Ward v Gold (1969)? - Answer-Overhanging eaves will trespass
airspace
What was found in Kelsen v Imperial Tobacco Co Ltd (1957)? - Answer-Projecting
advertising signs will trespass airspace
What was found in Anchor Brewhouse Developments Ltd v Berkeley House Ltd
(1992)? - Answer-Crane arms on neighbouring land will trespass airspace
Do we own the ground under our land? - Answer-Ownership extends down as far as
possible to carry out human endeavour. This stops where the pressure and
temperate make the concept of ownership so absurd as to be not worth arguing
about.
Bocardo v Star Energy
What was found in Bocardo v Star Energy (2011)? - Answer-Ownership extends
down as far as the depth at which pressure and temperature does not make the
concept of ownership so absurd as to be not worth arguing about.
What are fixtures? - Answer-Objects that have become legally part of the land (ex:
building)
What was found in Holland v Hodgson (1872)? - Answer-To determine whether an
object is part of a land there are two tests:
Degree of annexation: How firmly attached to the land
Purpose of annexation: Why has the object been attached to the land? (To improve
the land or for better enjoyment of the object?)
What was found in Taylor v Hamer (2002)? - Answer-A person who contracts to sell
land cannot remove any fixtures after the contract is made
CONCEPTS, REGISTRATION OF TITLE-
OWNERSHIP, ADVERSE POSSESSION,
QUESTIONS AND ANSWERS
What was found in Bernstein of Leigh v Skyviews Ltd (1978)? - Answer-Taking aerial
photographs in a plane above one's land did not amount to trespass. This was not
held within the landowner's airspace
What was found in Lemmon v Webb (1894) and Mills v Brooker (1919)? - Answer-
Overhanging branching over a neighbour's trees were held as breaching that
person's airspace
What was found in Ward v Gold (1969)? - Answer-Overhanging eaves will trespass
airspace
What was found in Kelsen v Imperial Tobacco Co Ltd (1957)? - Answer-Projecting
advertising signs will trespass airspace
What was found in Anchor Brewhouse Developments Ltd v Berkeley House Ltd
(1992)? - Answer-Crane arms on neighbouring land will trespass airspace
Do we own the ground under our land? - Answer-Ownership extends down as far as
possible to carry out human endeavour. This stops where the pressure and
temperate make the concept of ownership so absurd as to be not worth arguing
about.
Bocardo v Star Energy
What was found in Bocardo v Star Energy (2011)? - Answer-Ownership extends
down as far as the depth at which pressure and temperature does not make the
concept of ownership so absurd as to be not worth arguing about.
What are fixtures? - Answer-Objects that have become legally part of the land (ex:
building)
What was found in Holland v Hodgson (1872)? - Answer-To determine whether an
object is part of a land there are two tests:
Degree of annexation: How firmly attached to the land
Purpose of annexation: Why has the object been attached to the land? (To improve
the land or for better enjoyment of the object?)
What was found in Taylor v Hamer (2002)? - Answer-A person who contracts to sell
land cannot remove any fixtures after the contract is made
