Fixtures Flashcards
Define corporeal hereditaments.
Something that is able to be to be physically possessed e.g. Clods of earth, physical things attached to land
What qualifies under the definition of land?
Solum Buildings and parts of "Earth to the Heavens" Fixtures Trees, Plants and Flowers Minerals
What is solum?
Ground
What is meant by buildings and parts of?
Whoever owns land owns everything upon it
What is meant by “Earth to the Heavens”?
One who owns the land owns everything from the highest heave stop the very depth of the earth
What are fixtures?
Anything sufficiently fixed to the land thus realty
Why are minerals included in the sale of the land?
In Bocardo SA v Star Energy UK Onshore (2010) they confirmed landowner owns minerals under the ground
What does not qualify under the definition of land?
Water Wild Animals and Fish Coal and Petroleum Gold and Silver Mines Treasure
What is meant by water?
You own the land covered by the water and have a right to enjoy the water
What is meant by wild animals and fish?
Not able to be owned while alive. Have the right to hunt and can be owned when dead
Why doesn’t coal and petroleum qualify under land?
In its natural state cannot be owned
Coal goes to Coal Authority
Petroleum goes to Crown
Why do Gold and Silver Mines not qualify under land?
Goes to the crown
What happens to treasure?
Landowner does not own treasure however can claim a reward
What are the 2 tests for fixtures?
Degree of Annexation
Purpose of Annexation
In what cases were the tests for fixtures developed?
Holland v Hodgson and Berkley v Poulett
In what House of Lords case was the tests for fixtures used in?
Elitestone Ltd v Morris
What is the Degree of Annexation?
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?
What is the Purpose of Annexation?
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
What is the case of Elitestone v Morris?
Satisfied the test but not the term fixture. Went under the third category ‘part and parcel’ of land
What is the case of D’Eyncourt v Gregory?
Heavy marble lions were not otherwise attached to the land but seen to enhance the architectural design of the property
What is the case of Berkley v Poulett?
Statue and sundial were not classed as fixtures because they were not attached
What is the case of Leigh v Taylor?
Tapestries pinned to the wall but not seen as fixtures
What is the case of Chelsea Yacht and Boat Club v Pope?
Anchor was insufficient to class as a fixture
Define hereditaments
Inheritable rights in land.
