Rights that run with the land restrictive Covenant and easement a examples of Rights

Property Law Fixtures and Chattel chapter 11 Flashcards Rights that run with the landrestrictive Covenant and easement a examples of Rights that run with the land because these right run with the land the land holder may take action to protect himself against removal or modification.types of land holding or land ownership1) Fee simple2) Fee tail3) Life estate4) Lease hold Riparian rightownership of the bed of a river or the bed of a lake is referred to as riparian rights. this is the key when land is covered with water such as a river or a lake. the hold or fee simple through which the river passes on on which the lake is located owns the bed of that river or lake. where lake or river devides two properties then both owners will enjoy the rights up to the middle of the lake or river the position is true of all none tidal water.( tidal water refers to the sea) Personal PropertyPersonal Property is divided into 3 categories. Choses in possession, choses in action and Chattels real(leases).Wastethe doctrine of waste is applicable toa) tenant for lifeb) A leaseholderwaste house to do with the upkeep or lack thereof of the property by the tenant for life or lesse the extent to which the property has been altered. the property maybe altered and the value is reduced or increased as a result of waste. there are four types of waste namely,1) permisive2) Ameliorating3( Voluntary4)Equitable The Fee taila concept that only of historical interest and value in our jurisdiction the fee tail was a firm of freehold transferable for the lifetime of the grantees heir.Permissive Wastethis is the celia on the pot of the tenant to maintain the Quality of the estate whether physically or financially. it is causing the property to fall into disrepair, for example by the life tenant failing to maintain the ordinary repairs on the property search as fixing leaks minor repairs and fencing excetera.degree and mode of annexationa nexus or joining is and activity and which two things are joined together usually with a lesser thing being attached to a greater thing.Michelle v Cowie 1964Wooding C.J highlight 6 criteria which will determine whether or not chattel has become a fixture Real propertyreal property consist of all the estates and interest in the land with the exception of leases Corporeal propertyCorporeal property include stove, truck, land and it's attachment a physical objects which can be seen and touched.

Fixtureis any structure which is attached to the land thereby becoming part of the land. additionally can be a piece of equipment or furniture that is fixed in position in a building or a vehicle and is considered legally part of it so that the normally remain in place when owners move Remedies available for Waste1) the court May award sufficient money damages to compensate the injured party for the loss resulting from waste.2) the courts may directly require the party responsible for the waste to restore the property to it's original condition.3) the courts may accelerate the passage of the title in Land divesting tenant or life estate holder and vesting it in the landlord or remainder man.Right in Remalright in Rem suggest that the owner has a right to take action against anyone who violates his interest for example by trespassing on the land. real property is different from personal property which refers to things such as machine trailers and "choses in action". such as stocks and copy rights.Examples of Fixturesa)fireplaceb)water heatersc)light fixturessome appliances such as stove and dishwashers for example are commonly considered fixtures by virtue of being built into a kitchen.the idea is that in the item when removed will cause the property to change then it is a fixture Quicquid plantatur solo solo creditwhatever is affixed to the land because part of it and therefore belongs to owner of the soil.this therefore means that if anyone wants to dispute or rebute the general position that person must satisfy the relevant test as followsa)whether the chattel has become so attached that it can be classified as a fixtureb)whether or not the law would allow the owner of the chattel to remove what could otherwise be considered a fixture distinction between personality and reality property is divided into two main categories personal property and real Property. it is important to notes that personality can be absolutely owned and reality cannot remember that under, Law we cannot own land absolutely we have an estate in land all reality are essentially owned by the crown.Holland v Hodgson 1872his Lord ship said perhaps the true rule is that article not otherwise attached to the land then by the own weight are not to be considered as part of the land. the onus of showing that were intended so lying on those who assessed that we have ceased to be chattel I'm not on the contrary an article which is a fixed to the land even slightly is to be considered as part of the land unless the circumstances are such how's the show that it was

intended all along to continue as a chattel the onus lying on those who contended that it is a chattel.Land(real property)is referred to as real property. ownership of real Property give the right against the world, that is a right in Rem Examples of Chattelsa) machines standing on attached to the floorb) how would supplies that I connected by electrical wires to a buildingc) greenhouses that are movabled) Stonewall unattached by cemente) a zinc shed or store room bolted to the concrete flooring.removal of these items after period of time will not

generally destroy the land.Choses in actionthese are intangible rights and other than those relating to land and of which one cannot take physical possession and also depend for their existence on enforcement by the court in this category you will find debts copyright patent