To what extent is the definition of ‘land’ fit for purpose?
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To what extent is the definition of ‘land’ fit for purpose?
Subterranean Zones
The land-dwelling subterranean regions comprise of underground or hidden zones apparent in caves, cracks, crevices, etc. It constitutes almost 4 percent of the world's rock projections ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"rkPUxmJx","properties":{"formattedCitation":"(Gibert & Deharveng, 2002)","plainCitation":"(Gibert & Deharveng, 2002)","noteIndex":0},"citationItems":[{"id":188,"uris":["http://zotero.org/users/local/2y0xTiQs/items/D5KP3LPA"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/D5KP3LPA"],"itemData":{"id":188,"type":"article-journal","abstract":"That biodiversity varies among habitats is a basic tenet of ecology. Many hypotheses have been advanced to explain these variations: ecosystem stability and com","container-title":"BioScience","DOI":"10.1641/0006-3568(2002)052[0473:SEATFB]2.0.CO;2","ISSN":"0006-3568","issue":"6","journalAbbreviation":"BioScience","language":"en","page":"473-481","source":"academic.oup.com","title":"Subterranean Ecosystems: A Truncated Functional BiodiversityThis article emphasizes the truncated nature of subterranean biodiversity at both the bottom (no primary producers) and the top (very few strict predators) of food webs and discusses the implications of this truncation both from functional and evolutionary perspectives","title-short":"Subterranean Ecosystems","volume":"52","author":[{"family":"Gibert","given":"Janine"},{"family":"Deharveng","given":"Louis"}],"issued":{"date-parts":[["2002",6,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Gibert & Deharveng, 2002). The earth's subterranean region depicts the three-dimensional implication of the land where the definition of land under the act (1925) explains a simple two-dimensional approach which could not satisfy the complete meaning of land.
According to the English Law, an owner of a land is authorized to a substantial underlying soil condensed in two dimensional directs of surface boundaries of the land. Although the standard definition of land by-law includes the minerals and the inorganic elements in the ground such as stones, clay, sand, pebbles, and gravel are part of realty and considered as the property of the surface landlord (Butt, 2010). It also explains the legal possession of hidden or concealed objects within the surface of the land. However, the definition of land proposed by the law could not fit for the objects that are laid on or resting on the ground and are not embedded or hidden within the surface ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"UQuEW94z","properties":{"formattedCitation":"(Gray & Gray, 2007)","plainCitation":"(Gray & Gray, 2007)","noteIndex":0},"citationItems":[{"id":186,"uris":["http://zotero.org/users/local/2y0xTiQs/items/SMTN46AT"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/SMTN46AT"],"itemData":{"id":186,"type":"book","abstract":"Gray and Gray's Land Law discusses all the core topics covered on undergraduate courses in an appropriate level of detail, and brings the subject to life through critical analysis and a contextual approach that explores the social, political and economic significance of land law.The book adopts a user-friendly approach that makes use of self-test questions, diagrams and summaries to emphasize key issues and illuminate areas of difficulty or controversy. Further reading is also included at the end of each chapter. Students seeking sophisticated analysis within a manageable length and an accessible format should look no further than Land Law for clear guidance from the leading authorities in the field.","ISBN":"978-0-19-921378-8","language":"en","note":"Google-Books-ID: toRIsFTaHVkC","number-of-pages":"631","publisher":"Oxford University Press","source":"Google Books","title":"Land Law","author":[{"family":"Gray","given":"Kevin J."},{"family":"Gray","given":"Susan Francis"}],"issued":{"date-parts":[["2007"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Gray & Gray, 2007).
According to ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xGDOeYsr","properties":{"formattedCitation":"(Stacey, 2011)","plainCitation":"(Stacey, 2011)","dontUpdate":true,"noteIndex":0},"citationItems":[{"id":195,"uris":["http://zotero.org/users/local/2y0xTiQs/items/C329SCHK"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/C329SCHK"],"itemData":{"id":195,"type":"article-journal","container-title":"Aberdeen Student Law Review","journalAbbreviation":"Aberdeen Student L. Rev.","page":"124","title":"Bocardo SA v Star Energy UK Onshore Ltd and Another","volume":"2","author":[{"family":"Stacey","given":"Calum"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} Stacey (2011), the proposed maxim of land, "the person who owns the land owns everything reaching up to the very heavens and down to the depths of the earth" depicts the three-dimensional image of the land but is far away from the reality. Due to this reason, the regulatory bodies were willing to redefine the maxim as a considerable indicator of three-dimensional possession of the land. Moreover, it is also against the Treasure Law (1996) and considered as a crime if a person did not report a related discovery within fourteen days of their finding ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"hRCRTJdC","properties":{"formattedCitation":"(Howell, 2002)","plainCitation":"(Howell, 2002)","noteIndex":0},"citationItems":[{"id":197,"uris":["http://zotero.org/users/local/2y0xTiQs/items/GMEAWX55"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/GMEAWX55"],"itemData":{"id":197,"type":"article-journal","container-title":"Northern Ireland Legal Quarterly","journalAbbreviation":"N. Ir. Legal Q.","page":"268","title":"Subterranean Land Law: Rights Below the Surface of Land","title-short":"Subterranean Land Law","volume":"53","author":[{"family":"Howell","given":"Jean"}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Howell, 2002). The inaccuracy of the maxim is further demonstrated as the ownership of the reserves of coal and petroleum is entrusted in the coal ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"sXYHherP","properties":{"formattedCitation":"(\\uc0\\u8220{}Coal Industry Act 1994,\\uc0\\u8221{} n.d.)","plainCitation":"(“Coal Industry Act 1994,” n.d.)","noteIndex":0},"citationItems":[{"id":201,"uris":["http://zotero.org/users/local/2y0xTiQs/items/WRYARPX9"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/WRYARPX9"],"itemData":{"id":201,"type":"webpage","title":"Coal Industry Act 1994","URL":"http://www.legislation.gov.uk/ukpga/1994/21/contents","accessed":{"date-parts":[["2019",12,11]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Coal Industry Act 1994,” n.d.) and petroleum authorities respectively.
Fixtures/Chattels
Another way the present definition can be seen as not fit for purpose is considering the elements of fixtures and chattels. Fixtures are defined as tangible property that is affixed to the original possession of land legally. It is considered as part of the original property or land. However, chattels are treated as a possession which is not attached to the real property and is not transferred to the buyer in case land is purchased by another entity (Luther, 2004).
Fixtures are of great importance in determining the ownership of the object for taxation purposes. In a normal transaction or a contract, the parties can decide the possession of fixtures which demonstrate that fixtures could not fit the general definition of land ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"o2m88BZt","properties":{"formattedCitation":"(Clarke & Greer, 2012)","plainCitation":"(Clarke & Greer, 2012)","noteIndex":0},"citationItems":[{"id":206,"uris":["http://zotero.org/users/local/2y0xTiQs/items/KFS735GD"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/KFS735GD"],"itemData":{"id":206,"type":"book","abstract":"With a modern, student-friendly writing style, Land Law Directions excels in providing engaging and straightforward explanations of even the most difficult concepts. Case summaries, photographs, and examples are used throughout to provide real-life context and clarify abstract ideas, while diagrams and definitions ensure the text is easy to follow and that key points are understood. With extensive experience teaching undergraduates, the authors provide a full range of resources designed to help build upon and further your understanding, including thinking points, end of chapter questions and tips on linking topics together. A final chapter pulls together key details from each chapter, showing how topics link together and apply to a fictional piece of land. An additional separate chapter focuses on preparing for exams, offering advice on approaching assessment questions and revision technique. Land Law Directions innovative features, easy-to-read style and practical advice make this the ideal all-round textbook to prepare you for success in both exams and the workplace. This book is also accompanied by an extensive Online Resource Centre (www.oxfordtextbooks.co.uk/orc/clarke_directions3e/) which includes the following features: - additional topics for further study - revision podcasts - multiple choice questions - interactive glossary of key land law terminology - suggested approaches to the end of chapter questions in the text - updates to the law - useful weblinks","ISBN":"978-0-19-969928-5","language":"en","note":"Google-Books-ID: 43ZTV0ClTBEC","number-of-pages":"510","publisher":"OUP Oxford","source":"Google Books","title":"Land Law Directions","author":[{"family":"Clarke","given":"Sandra"},{"family":"Greer","given":"Sarah"}],"issued":{"date-parts":[["2012",5,17]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Clarke & Greer, 2012). Yet again, an old maxim states, ‘whatever is fixed to the land becomes part of it’, which explains fixtures generically but contradicts with the definition of land proposed by the Law of Property Act (1925). It is imperative to understand the classification of fixtures and chattels.
In accordance with the law of fixtures, the old rule explains that any property either tangible or intangible that is fixed to the surface becomes the property of the landlord along with the legal implications and cannot be separated from the owner without their consent ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"rPmJ6yKH","properties":{"formattedCitation":"(Keach, n.d.)","plainCitation":"(Keach, n.d.)","noteIndex":0},"citationItems":[{"id":211,"uris":["http://zotero.org/users/local/2y0xTiQs/items/9MG5JIGA"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/9MG5JIGA"],"itemData":{"id":211,"type":"article-journal","language":"en","page":"53","source":"Zotero","title":"The Law of Fixtures in New York","author":[{"family":"Keach","given":"Nelson Lester"}]}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Keach, n.d.). However, the modern rule describes the fixture property as chattels that are attached to the land or landlord (Horowitz, 1952). Moreover, some researchers rely on the decision making and differentiate them on the basis of the terms i.e. removable and non-removable fixtures. This has reduced the vagueness in their classification and applies particular case law supported by the decisions based on facts rather than following a decided standard. There are four tests proposed by the law that determines either the chattel is a fixture property or not.
References
ADDIN ZOTERO_BIBL {"uncited":[["http://zotero.org/users/local/2y0xTiQs/items/TBAJB69Q"],["http://zotero.org/users/local/2y0xTiQs/items/D2QAZJWS"],["http://zotero.org/users/local/2y0xTiQs/items/ZM7YJIVN"],["http://zotero.org/users/local/2y0xTiQs/items/D36Q9WNJ"]],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Butt, P. (2010). Land law. Thomson Reuters.
Clarke, S., & Greer, S. (2012). Land Law Directions. OUP Oxford.
Coal Industry Act 1994. (n.d.). Retrieved December 11, 2019, from http://www.legislation.gov.uk/ukpga/1994/21/contents
Gibert, J., & Deharveng, L. (2002). Subterranean Ecosystems: A Truncated Functional BiodiversityThis article emphasizes the truncated nature of subterranean biodiversity at both the bottom (no primary producers) and the top (very few strict predators) of food webs and discusses the implications of this truncation both from functional and evolutionary perspectives. BioScience, 52(6), 473–481. https://doi.org/10.1641/0006-3568(2002)052[0473:SEATFB]2.0.CO;2
Gray, K. J., & Gray, S. F. (2007). Land Law. Oxford University Press.
Howell, J. (2002). Subterranean Land Law: Rights Below the Surface of Land. Northern Ireland Legal Quarterly, 53, 268.
Keach, N. L. (n.d.). The Law of Fixtures in New York. 53.
Luther, P. (2004). Fixtures and Chattels: A Question of More or Less... Oxford Journal of Legal Studies, 24(4), 597–618. Retrieved from JSTOR.
Stacey, C. (2011). Bocardo SA v Star Energy UK Onshore Ltd and Another. Aberdeen Student Law Review, 2, 124.
Horowitz, H. W. (1952). The Law of Fixtures in California--A Critical Analysis. S. Cal. L. Rev., 26, 21
