Fixtures and Fittings Flashcards
(10 cards)
what is land?
‘Land’ is defined in the Law of Property Act 1925, section 205(1)(ix): “Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments”.
What is the consequence of land law rights attaching to the land?
Land law rights attach to the land itself so that any person who comes into ownership or possession of the land may be entitled to enjoy the benefits that now come with the land or may be subject to the burdens imposed on the land.
what is personal property, and what is it called?
Personalty is all property you own that is not land (e.g. laptops, phones).
The types of Personalty/Personal Property you can have are called chattels - moveable personal property
what is the meaning of annexed?
If something is attached legally to the land, it is part of (annexed) the land.
Things that are not attached to the land remain personal property
what is a fixture and fitting?
A chattel that is annexed to the land is a fixture. A chattel that is not annexed is a fitting.
How does the law decide between what is annexed and what is personal property?
Two tests derived from Holland v Hodgson:
(i) Degree on annexation - How is it attached to the land? - Berkely v Poulett)
(ii) The purpose of annexation - Why is it attached to the land? - Deen v Andrews
Rules for chattels found in land?
Landowners generally owns all chattels found within the land (e.g., buried objects or those under the surface).
Caselaw for chattels found in land?
Elwes v Briggs Gas Co. (1886) - A prehistoric boat was discovered buried underground on leased land. The tenant (Briggs Gas Co.) claimed ownership, while the landlord (Elwes) argued it belonged to him.
Court ruled in favor of Elwes (the landlord), holding that a landowner retains ownership of objects buried in the land, even if they were unknown at the time of the lease.
Waverley Borough Council v Fletcher [1995] - Fletcher found a medieval brooch buried in a park owned by Waverley Borough Council using a metal detector. The Council claimed ownership.
The Court ruled for the Council, stating items found beneath the surface belong to the landowner.
Rules for chattels found on land?
When chattels are found on (not in) the land, the outcome depends on whether the landowner has clearly manifested an intention to control items found there
caselaw for chattels found on land?
Parker v British Airways Board [1982] - Parker found a gold bracelet in a Heathrow lounge and handed it to British Airways, requesting its return if unclaimed. The airline sold it instead.
Court ruled for Parker, as the finder, because British Airways lacked clear control over lost items in the lounge.
