Fixtures and Finding Flashcards
What is real property?
Land and anything permanently attached to it
What statute defines land in English law?
s.205(1)(ix) Law of Property Act 1925
What are the four main components of land?
1). Physical soil – Includes minerals, rocks, and natural resources
2). Fixtures – Permanently attached items (e.g., buildings, trees)
3). Rights above and below the surface – Limited ownership of airspace and subsurface
4). Corporeal & Incorporeal hereditaments – Tangible property vs. intangible rights
What is the difference between real and personal property?
- Real property = Land and fixtures
- Personal property = Movable items (chattels)
When does a chattel become part of the land?
When it is annexed (attached) to the land
How does the law determine if something is a fixture or fitting?
By applying two tests:
- Degree of annexation (how strongly it is attached)
- Purpose of annexation (why it was attached)
What is the general presumption for annexed items?
- If attached → Presumed fixture (Berkley v Poulett)
- If resting by weight → Presumed fitting (Deen v Andrews)
What case shows that items essential to a property’s function are fixtures?
Holland v Hodgson – Looms bolted to a mill floor were fixtures
What case shows that decorative items can be fittings?
Berkley v Poulett – Paintings and a sundial were fittings
Who owns items found attached to land + case example?
The landowner (Elwes v Briggs)
Who owns items found on land + case example?
The finder, unless the landowner shows intent to control them (Parker v British Airways)
Who owns buried objects on private land + case example?
The landowner (Waverly Borough Council v Fletcher)
