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Definition of land
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s205 LPA 1925
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corporeal hereditaments
- buildings
- mines
- minerals
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incorporeal hereditaments
- rights
- privileges
- benefits
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Airspace
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Lord Bernstein of Leigh v Skyviews & General Ltd [1978]
- rights in airspace extend as far as needed for ordinary use and enjoyment of land and any structures on it
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Fixtures
- Treated as part of land
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Included in purchase price
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Exceptions
- Provision in contract
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Tenant's fixtures
- Entitled to remove
- Contrast with chattels
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Berkley v Poulett [1977]
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Method and degree of annexation
- i.e. cannot be removed without damaging realty
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Object and purpose of annexation
- i.e. purpose was to enhance realty
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Elitestone Ltd v Morris [1997]
- Bungalow resting on pillars
- Held to be part of realty
- Could not be removed without destruction
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TSB Bank plc v Botham
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Fixtures
- Cooker if fitted into work surface
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Chattels
- Carpets and curtains
- Gas fire if only connected by pipe
- White goods
- Cooker if free standing