Nature of the land Flashcards
What are corporeal hereditaments?
Tangible things on the surface, below, and air above the land (to the extent it can reasonably be used)
What are incorporeal hereditaments?
Intangible things e.g. rights, easements
What is a fixture?
An object affixed or annexed to a land/building in that it becomes part of the land/building
What is a fitting?
An object on land that does not form part of it and is a separate chattel
Does ownership of fixtures pass automatically on the sale of land?
Yes
Does ownership of fittings pass automatically on the sale of land?
No
What is required for a fitting to pass on the sale of land?
They must be listed in a Fittings and Contents form
What are the two tests used to determine whether an object is a fixture or a chattel?
- Degree of annexation test
- Purpose of annexation test
The degree of annexation test states that the greater the degree of __________ to the land, the more likely the object is a _______
attachment, fixture
Generally, if removal of an item would cause _______, it’s likely to be a fixture
damage
The purpose of annexation test focuses on whether the owner intended to make the item a ___________ part of the land, such as a _____ which is the focal point of the ___________ design of the garden
permanent, statute, architectural
If the results of the degree and purpose test conflict, which test prevails?
The purpose test
