Fixtures

Question 1

Define corporeal hereditaments.

Answer 1

Something that is able to be to be physically possessed e.g. Clods of earth, physical things attached to land

Question 2

What qualifies under the definition of land?

Answer 2

Solum
Buildings and parts of 
"Earth to the Heavens"
Fixtures
Trees, Plants and Flowers
Minerals

Question 3

What is solum?

Answer 3

Ground

Question 4

What is meant by buildings and parts of?

Answer 4

Whoever owns land owns everything upon it

Question 5

What is meant by “Earth to the Heavens”?

Answer 5

One who owns the land owns everything from the highest heave stop the very depth of the earth

Question 6

What are fixtures?

Answer 6

Anything sufficiently fixed to the land thus realty

Question 7

Why are minerals included in the sale of the land?

Answer 7

In Bocardo SA v Star Energy UK Onshore (2010) they confirmed landowner owns minerals under the ground

Question 8

What does not qualify under the definition of land?

Answer 8

Water
Wild Animals and Fish
Coal and Petroleum
Gold and Silver Mines
Treasure

Question 9

What is meant by water?

Answer 9

You own the land covered by the water and have a right to enjoy the water

Question 10

What is meant by wild animals and fish?

Answer 10

Not able to be owned while alive. Have the right to hunt and can be owned when dead

Question 11

Why doesn’t coal and petroleum qualify under land?

Answer 11

In its natural state cannot be owned
Coal goes to Coal Authority
Petroleum goes to Crown

Question 12

Why do Gold and Silver Mines not qualify under land?

Answer 12

Goes to the crown

Question 13

What happens to treasure?

Answer 13

Landowner does not own treasure however can claim a reward

Question 14

What are the 2 tests for fixtures?

Answer 14

Degree of Annexation

Purpose of Annexation

Question 15

In what cases were the tests for fixtures developed?

Answer 15

Holland v Hodgson and Berkley v Poulett

Question 16

In what House of Lords case was the tests for fixtures used in?

Answer 16

Elitestone Ltd v Morris

Question 17

What is the Degree of Annexation?

Answer 17

Considers the degree to which the objects are fixed to the building including the ease they can be removed and any damaged caused.
Also known as the ‘Gravity Test’ - is there anything more than gravity holding it down?

Question 18

What is the Purpose of Annexation?

Answer 18

Considers the purpose of the object to the building. The architectural merit of the pieces and their places in the design in the building as a whole

Question 19

What is the case of Elitestone v Morris?

Answer 19

Satisfied the test but not the term fixture. Went under the third category ‘part and parcel’ of land

Question 20

What is the case of D’Eyncourt v Gregory?

Answer 20

Heavy marble lions were not otherwise attached to the land but seen to enhance the architectural design of the property

Question 21

What is the case of Berkley v Poulett?

Answer 21

Statue and sundial were not classed as fixtures because they were not attached

Question 22

What is the case of Leigh v Taylor?

Answer 22

Tapestries pinned to the wall but not seen as fixtures

Question 23

What is the case of Chelsea Yacht and Boat Club v Pope?

Answer 23

Anchor was insufficient to class as a fixture

Question 24

Define hereditaments

Answer 24

Inheritable rights in land.