1. Identification of third party right
   1. Subtopic 1
2. Enforceability of right
3. Land
   1. Definition
      1. Bernstein of Leigh v Skyviews (1977): Landowners claim to airspace is restricted to such height as is necessary for him to enjoy in an ordinary way the land that he owns and the structures are placed upon
      2. Manor house, Land, Stable block, Garage, Coal, Fishing rights, manor, Right of way
   2. Distinction Fixtures v Chattels
      1. Fixtures are part of the land to which it is attached and cannot be removed!
         1. Exceptions:
            1. Check sales agreement, as what are items classified! Contract prevails!
            2. If tenant has affixed the object, he has the right to remove "tenant's fixtures" (trade, agricultural or ornamental).
      2. Chattels is an item of moveable property
      3. Two tests to identify whether an object has ceased to be a chattel and become a fixture:
         1. Method and degree of annexation
         2. Object and purpose of the annexation
      4. Cases
         1. D'Eyncourt v Gregory
            1. Pictures that are hung within panelled walls or part of the overall architectural design of the room: may be fixtures
         2. Elitestone:
            1. House and garage are part and parcel of the realty
            2. Greenhouse and garden shed: depends how they are constructed; if capable of being easily dismantled and moved, then they are chattels!
         3. Botham:
            1. Carpets and curtains will be chattels and not included in the sale
            2. White goods will usually be classed as chattels
            3. Cooker: Depending how it is fixed. if freestanding and connected only by a flex it will be chattel. if it is a split level cooker with the hob set into work surface and the oven being part of kitchen cabinet, it will be a fixture!
            4. Gas fire: Depending how it is connected; if it is merely standing by its own weight and is only connected to the building by a gas pipe, then it is NOT fixture as the connection is only necessary to enable it to be used.
            5. light fittings when easy to remove are likely to be chattels