Chapter 2 Self-test questions

. In Entick v Carrington, C, a King's messenger, entered E's house without his permission and took some of his papers. Which of these statements best describes the outcome of the case?

The Court found in favour of C, as his warrant gave him special powers to impinge on E's private law rights.

The Court found in favour of E, as C had trespassed on his land, and land is specially protected by the law.

The Court found in favour of E, as C had a special duty as a messenger to the King not to interfere with E's property.

The Court found in favour of E, as C had breached his private property rights by trespassing on his land and taking his papers.

. In the extract in section 2.1, Gray and Gray discuss the 'mistaken reification of property', arguing that it is misleading to think of property as a 'thing'. What is their reason for this?

Property is not a 'thing', but a power relationship of social and legal legitimacy between a person and a valuable resource.

The term 'property' does not refer to a thing, but instead to ownership of that thing.

Property does not have to be a tangible thing.

Property is not about 'things' at all, but about the power relationships between people.

. Which statement best describes the outcome of Edwards v Lee's Administrator?

The Edwards had committed a trespass on Lee's land, as Lee's land included the portion of the cave which fell underneath his land. However, the Edwards only had to pay a nominal sum of money to Lee as he had suffered no loss from the trespass.

By allowing visitors to enter the portion of a cave which ran underneath Lee's land, the Edwards had committed a trespass on Lee's land. As a result, the Edwards had to pay to Lee part of the profits they had made from those visitors.

The Edwards had not committed a trespass against Lee's land, as the portion of the cave which fell underneath his land was only accessible via the entrance on Edwards's land.

The Edwards had not committed a trespass onto Lee's land, as Lee's land did not extend below the surface of the ground.

. In his judgment in Bernstein of Leigh (Baron) v Skyviews & General Ltd., what distinction did Griffiths J draw between the facts of this case and previous cases where an action for trespass in the air above the claimant's property had been successful (such as Kelsen v Imperial Tobacco Co)?

In Skyviews, the height at which the alleged trespass occurred was such that Skyviews could not be considered to have interfered with the land owned by Lord Bernstein.

In Skyviews, the trespass did not affect the value of Lord Bernstein's land.

The previous cases had been decided on the maxim, 'to whomsoever the soil belongs, he owns also the sky and to the depths', and this was outdated and unhelpful.

The situation in Skyviews was controlled by Section 40 of the Civil Aviation Act 1949 which allows trespass by flying in the air above another's land.

. Following the judgment of the Supreme Court in Star Energy v Bocardo, which of the following statements best expresses the approach of the courts to the ad coelum maxim i.e. the maxim 'to whomsoever the soil belongs, he owns also the sky and to the depths'?

The maxim forms no part of English law.

The maxim has been adopted by English law, but it will not always be followed, and is more likely to apply when considering ownership of the space above land than the space below land.

The maxim has been adopted by English law, but it will not always be followed, and is more likely to apply when considering ownership of the space below land than the space above land.

The maxim will be strictly followed in English law.

. According to Lord Lloyd's speech in Elitestone Ltd v Morris, at what point do building materials placed on land in order to build a structure become 'part and parcel' of the land?

Only when the materials are built into a structure which cannot be removed without damaging the land.

When the building materials are placed on the land with the intention of building a permanent structure.

The answer would depend on the circumstances of the individual case, but the degree and purpose of the annexation would be the main factors to be taken into consideration.

As soon as they are built into a structure which is physically annexed to the land in some way.

. According to the Court of Appeal's judgment in Botham v TSB Bank plc, which of the following factors should not be taken into account in determining whether an item is a 'fixture', forming part of the land?

The reasonable expectations of a party buying the land as to what he or she would expect to find when moving in.

The identity and purpose of the person who installed the items.

The nature of the item.

Whether or not the items could be removed without damaging the fabric of the house.

. In Hannah v Peel, how and when did Mr Hannah acquire a property right in relation to the brooch which he found on Mr Peel's property?

Mr Hannah acquired a property right in the brooch as a result of finding it, once it was established that the original owner could not be found.

Mr Hannah acquired a property right in the brooch as soon as he found it, as a result of his taking physical control of it.

Mr Hannah acquired a property right in the brooch as a result of his good conduct in handing the brooch to the police. This right was acquired once it was established that the original owner could not be found.

Mr Hannah acquired a property right to the brooch as a result of being the one to find it. This right was not acquired until the judgment in Hannah v Peel.

. According to the judgment in Waverley Borough Council v Fletcher, in which of these situations will the finder of an object have a right to it which outweighs that of the landowner on which an object is found?

When the object is found buried in the land, but only just under the surface.

Whenever an object is found on the surface of the land and unattached to the land.

When the object is found on the land, whether or not it is attached to the land in some way.

Only when the object is found on the land (not in or attached to the land) and the possessor of the land has not exercised such control over the land as to indicate an intention to control the land and anything that might be found on it.

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