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Summary Defining land
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Summary notes on defining land within property / land law
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Defining ‘Land’Law of Property Act s205(i)(ix):
“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, vertical, or
made in any other way) and other corporeal hereditaments; also a manor, an advowson,
and a rent and other incorporeal hereditaments, and an easement, right, privilege or benefit
in, over or derived from land.
Land of any tenure – freehold or leasehold land
Mines and minerals – gold, tin etc. may be owned be other people like the Crown
Buildings or parts of buildings however divided – airspace or subterranean
Incorporeal hereditaments – property rights that have no physical form e.g. right to
receive rent from land
Advowson – right to present a priest to a parish
Manor – historic rights (Bakewell Management v Brandwood)
Land Registration Act 2002 s132(1)
Defines land as including ‘land covered with water’ i.e. lakes and ponds. People will own the
lakes etc. in the middle of their land.
Fixtures and Fittings:
A fixture is an object that is attached to the land in such a way and for such a purpose that it
becomes part of the land. A fitting is something that can be removed from the land.
Estates:
Estate = how long someone can hold land for.
S1(1) LPA - the only estates in land which are capable of subsisting or being conveyed or
created at law are: an estate in fee absolute in possession (freehold), a term of years
absolute (leasehold).
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