D. Fixtures. Fixtures are something that is attached to land.
(2) Strata. Land as strata comes in two forms:
A. Common law. Title to strata can be conferred under common law.
B. Statute. Title to strata can be conferred under statute.
Figure 3.7 Subelements of Land
Macro Analysis
Introduction
Macro analysis is generally done when one first encounters an area of law such
as tort, criminal law, contract or property. It involves looking at the big picture
or the overall shape, boundaries and structure of a subject or statute. It entails
finding any relationship that exists between each rule and any other rule within
an area of law or within the same statute.
In presenting the big picture, macro analysis makes learning an area of law
much easier than it would otherwise be. It gives a framework or structure that
allows you to determine relationships between rules. This is beneficial because
understanding and remembering are both enhanced when one knows the
relationship between items.
There are two types of relationship between provisions. There can be a formal
relationship or a functional relationship.
Formal Relationships
As we saw in discussion of micro analysis, some rules can be divided into
elements and various levels of subelements that formed a hierarchy which
constituted the rule. Elements and subelements in this hierarchy are formally
related because each level within an element constitutes an element or
subelement of the level above it. For example, Elements 2.1.1-2.1.n together
constitute Element 2.1.
Micro analysis is typically directed at individual legal rules to facilitate
operations with them. However, there are some areas
of law which, from the
perspective of micro analysis, are constituted by one infernally large legal rule.
This is the case because each component is linked as part of a hierarchy of
elements and subelements.
At common law the major illustration of formal
relationships consists of
contract law, which is further examined below. At its core, this vast body of
law is defining the circumstances when one party can sue another party for
the property to the middle of the road or the stream. See, for example, Mary Lord v
Commissioners for the City of Sydney (1859) ER 991 and Berridge v Ward (1861) 10 CB
(NS) 400; 30 LJCP 218; 25 JP 695; 7 Jur NS 876; 142 ER 507.
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