INTRODUCTION TO THE LAW OF PROPERTY

INTRODUCTION TO THE LAW OF PROPERTY

INTRODUCTION TO THE LAW OF PROPERTY

PART A (70%, 1,000 words)

(i) In this case, Victoria can claim and sue against Boris for creating nuisance by shooting rabbits and then asking Victoria to bring the carcasses. Where there is an interference with the legitimate rights of the fee simple owner then these rights may be maintained by an action for nuisance or trespass. In Kelsen v Imperial Tobacco Co (of Great Britain and Ireland) Ltd [1957] 2 QB 334, the action of the defendant in allowing an advertisement to overhang the plaintiff's premises amounted to a trespass as was the action of the defendant in Woollerton and Wilson Ltd v Richard Costain Ltd [1970] 1 WLR 411, in allowing the jib of a crane to swing over the plaintiff's property. (Asante 2007: 15-20).

Poisonings and shootings are the most common types of animal abuse we see in cases where a cat or dog was permitted to roam the neighbourhood, either deliberately or by accident. All animal cruelty is tragic, but cases involving the shooting or poisoning of a companion animal are often even more tragic because in most situations, the act could have been prevented. Section 5(3): not liable for damage caused to trespasser by: (a) animal not kept on premises for protection of persons or property; or (b) animal reasonably kept on premises for protection of persons or property (Coker 2008: 33-74).

For example, in Leigh v Taylor [1902] AC 157, tapestries nailed to a wall were held not to be fixtures, but in Re Whaley [1908] 1 Ch 615, similar objects were held to be fixtures because the object of their annexation was to enhance the room. Lord Halsbury LC in Leigh v Taylor confirmed that the key test was the purpose of annexation, and this was confirmed in Hamp v Bygrave (1982) 266 EG 720 where garden ornaments that formed part of a landscape display were held to be fixtures despite the fact they rested on the ground simply by their own weight.

(ii) Home inspections are standard practice in the United Kingdom. For example when an individual is purchasing the property without any guarantees, they can not hold the seller liable for any hidden defects regarding the property, also known as the "voetstoots clause" (Oi 2007: 65-84).

Land and chattels are treated differently at law; land is real property and chattels are personal property. A contract to sell real estate will not include items of personal property unless they are expressly included. Sometimes an item that was once a chattel may become part of the land and there are, on occasions, difficulties in naming the distinction between fixtures (which form part of the land) and chattels (which remain items of personal property). Under the Law of Property Act 1925, s. 62, fixtures are included in a conveyance of land. This question deals with this fundamental distinction. (Coker 2008: 33-74).

An individual has rights, and it would be in their own best interest however to ...