LLB220 Lecture Notes - Lecture 2: The Item, Riparian Water Rights, Nsw Law Reports
Week 2 – Land, Fixtures and Chattels
• Common law traditionally classified property rights by reference to the nature of the
object over which rights are held and the specific bundle of rights that are asserted
to it
• Objects of property divided into two basic categories:
1. Real property (realty)
2. Personal property (personalty)
Further subdivisions:
Land
• Also ko as ealt o eal popet, o immovable
• Defined as rights over land and anything annexed to it
• May also include a quantum of airspace
• Realty divided in 2 categories: corporeal and incorporeal
• Corporeal → heeditaets, efes to ights to the lad itself
• Incorporeal → relates to rights over the land
• Ranks different types of rights
• Lad iludes anything that is attached to it, the airspace above it and fixtures
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Personalty
• Two distinct classes: chattels real (leaseholds) and pure personalty
• Leaseholds → affording personal rights only on the lessee
Choses in possession
• O hattels ad goods → denote tangible personal property
• Refers to physical things that are not land e.g. cars, paintings and clothing
• The tangible nature has consequences for the manner in which certain types of
proprietary rights are created over it
Choses in action
• Property rights over intangible things, includes intellectual property, shares,
payment of debts
• Not acquired in the same way as tangible property
• Cannot be possessed physically so cannot give rise to possessory rights
The Significance of Land in Property Law
• the land is the only thing in the world worth working for, worth fighting for, worth
dig fo, eause it is the ol thig that lasts
- Gone with the Wind, Margaret Mitchell
• It at e lost, the a that a othe thigs a
What is Land?
• Land generally includes the airspace above it as well as the vegetation and buildings
on it
• Even if land is removed, the owner still retains the right to the space
• Airspace can be sold as land in its own right
• Cuius est solum, eiusest, usque ad coelum et usque ad inferos = the person who owns
the land owns it from heaven to hell
• Expression dates back to at least 1285
• Often cited, not fully endorsed by the courts
• Taken to its fullest extent, each land owner would possess a pyramid going to the
Eaths oe to the oute limits of the universe → not practical as others who have a
legitimate need to use the airspace and soil, couldn't do so
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find more resources at oneclass.com
Airspace
• Subject to zoning laws, the owner of land may use their airspace to build to any
height and for any purpose → entitled to as much as the airspace as needed to enjoy
the land
• Victoria Park Racing Co v Taylor → watching and inspecting the land from an
adjacent property is not actionable as trespass or nuisance
• Invasions of the airspace are actionable as trespass
• Court may refuse to grant an injunction to stop the trespass if it is trivial or where
the owner has rejected reasonable compensation
• Statute provides the court may grant easements over land, or rights of access, for
the purpose of building, repair or maintenance
• Can be intruded upon temporarily or permanently by:
- Power lines
- Construction cranes
- Overhangs from other property
- Airplanes
- Balloons
- Drones
Airspace: What is Protected?
• Bernstein of Leigh v Skyviews and General Ltd → owner of the land objected to
aircraft flying over his land. The court held that to allow trespass in respect of this
tpe of atiit to suh height as is eessa fo the odia use of the lad ad
the stutues upo it
• S 72 Civil Liability Act 2002 (NSW) → no right to sue in trespass for flight over
property at a height
• S 73 → stit liailit fo a ateial loss o daage aused oeflig aiaft.
Uless loss as aused egligee of the peso ho it as suffeed,
daages… ae eoeale ithout poof of egligee o itetio… as if the loss o
damage had been caused by the wilful act, neglect or default of the owner of the
aiaft
• See also Damage by Aircraft Act 1999 (Cth)
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find more resources at oneclass.com
Document Summary
Incorporeal relates to rights over the land (cid:858)la(cid:374)d(cid:859) i(cid:374)(cid:272)ludes anything that is attached to it, the airspace above it and fixtures. Personalty: two distinct classes: chattels real (leaseholds) and pure personalty, leaseholds affording personal rights only on the lessee. Choses in action: property rights over intangible things, includes intellectual property, shares, payment of debts, not acquired in the same way as tangible property, cannot be possessed physically so cannot give rise to possessory rights. The significance of land in property law: (cid:862)the land is the only thing in the world worth working for, worth fighting for, worth d(cid:455)i(cid:374)g fo(cid:396), (cid:271)e(cid:272)ause it is the o(cid:374)l(cid:455) thi(cid:374)g that lasts(cid:863) It (cid:272)a(cid:374)(cid:859)t (cid:271)e lost, the (cid:449)a(cid:455) that (cid:373)a(cid:374)(cid:455) othe(cid:396) thi(cid:374)gs (cid:272)a(cid:374) Ea(cid:396)th(cid:859)s (cid:272)o(cid:396)e to the oute(cid:396) limits of the universe not practical as others who have a legitimate need to use the airspace and soil, couldn"t do so.
