FIXTURES & CHATTELS - REVISION NOTES
Section 123(1) Land Registration Act 2002 – Land includes: (a) Buildings and
other structures; (b) Land covered with water, and; (c) Mines and minerals, whether
or not held with the surface.
Section 205(1)(ix) Law of Property Act 1925 – Land includes: Land of any tenure;
Mines and Minerals; Buildings or Parts of Buildings; Corporeal Hereditaments;
Incorporeal Hereditaments; An easement, right, privilege, or benefit in, over, or
derived from land.
Land of any Tenure – Freehold / Leasehold. Both are “land” under Law of
Property Act 1925.
Mines and Minerals – Not all of them! Oil is reserved to the Crown.
Buildings or Part of Buildings – “Whether the division is horizontal, vertical, or
made in any other way”. You can own land if you own a flat, house or semi-
detached.
Corporeal Hereditaments – Tangible objects (that you can touch) such as: Water,
Rocks and stone, Buildings, Minerals, Trees and Plants.
Intangible Hereditaments – Intangible Rights derived from property, such as:
Easements (right of way, right to light); Right to receive rent (from the land);
Profits (right to take something from the land e.g. grazing rights, hunting rights).
What do you actually own if you own the land?
Extent of Land – “He who owns the land owns everything reaching up to the very
heavens and down to the depths of the earth”.
Limitations on the extent of the land:
Bernstein v Skyviews [1978] QB 479 - (Aircraft flying at a normal height not a
trespass)
Brought an action in trespass against a company for flying over and taking
photographs of, his land. Held: Aircraft flying at a normal height does not trespass
upon land.
John Trenberth v Natwest Bank [1979] 39 P&CR 104 – (Trespass & Granted
Injunction)
Defendant needed to repair his building as it was unsafe. Claimant refused to allow
scaffolding to be erected on his land. Defendant proceeded regardless claimant’s
refusal. The court held it was trespass and granted an injunction.
Section 123(1) Land Registration Act 2002 – Land includes: (a) Buildings and
other structures; (b) Land covered with water, and; (c) Mines and minerals, whether
or not held with the surface.
Section 205(1)(ix) Law of Property Act 1925 – Land includes: Land of any tenure;
Mines and Minerals; Buildings or Parts of Buildings; Corporeal Hereditaments;
Incorporeal Hereditaments; An easement, right, privilege, or benefit in, over, or
derived from land.
Land of any Tenure – Freehold / Leasehold. Both are “land” under Law of
Property Act 1925.
Mines and Minerals – Not all of them! Oil is reserved to the Crown.
Buildings or Part of Buildings – “Whether the division is horizontal, vertical, or
made in any other way”. You can own land if you own a flat, house or semi-
detached.
Corporeal Hereditaments – Tangible objects (that you can touch) such as: Water,
Rocks and stone, Buildings, Minerals, Trees and Plants.
Intangible Hereditaments – Intangible Rights derived from property, such as:
Easements (right of way, right to light); Right to receive rent (from the land);
Profits (right to take something from the land e.g. grazing rights, hunting rights).
What do you actually own if you own the land?
Extent of Land – “He who owns the land owns everything reaching up to the very
heavens and down to the depths of the earth”.
Limitations on the extent of the land:
Bernstein v Skyviews [1978] QB 479 - (Aircraft flying at a normal height not a
trespass)
Brought an action in trespass against a company for flying over and taking
photographs of, his land. Held: Aircraft flying at a normal height does not trespass
upon land.
John Trenberth v Natwest Bank [1979] 39 P&CR 104 – (Trespass & Granted
Injunction)
Defendant needed to repair his building as it was unsafe. Claimant refused to allow
scaffolding to be erected on his land. Defendant proceeded regardless claimant’s
refusal. The court held it was trespass and granted an injunction.
