FIXTURES & CHATTELS

Question 1

FIXTURES

Answer 1

• any chattels attached to the land become part of the land ( quicquid plantatur solo, solo credit)
• a fixture will always belong to the land
• in a transfer of ownership any fixtures will belong to the transferee same as if the land is sold as soon as contract is binding

Question 2

CHATTELS

Answer 2

• items of personal property

- item will not belong to land rather another

Question 3

ANNEXATION TEST

Answer 3

• elitestone Ltd v Morris (houses that are removable without destruction are chattels)
• Holland v hodgson (1872) introduced degree and object of annexation test the question to be asked is if the chattel was attached to the land to be enjoyed as a chattel or for more convenient use of the land
• can be seen in Leigh v Taylor 1902 & Botham v TSB Bank
• purpose of test D’Eyncourt v Gregory 1866

Question 4

THINGS FOUND ON LAND

Answer 4

• Chattels found under the surface of land belong to landowner Elwes v Brigg Gas Company 1886 & Waverley Bourough Council v Fletcher 95
• unless items of treasure under treasure act 1996
• items found on surface of land which are not treasure and owner can not be found finder has better title than landowner Parker v British airways board 82 & bridges v hawkesworth 1851
• unless finder is trespasser