Meaning of Land, Fixtures and Fittings

Question 1

What is land?

Answer 1

Statutory definition in LPA 1925 s 205(1)(ix) includes:

• surface of land
• buildings or parts of buildings on the land
• other corporeal hereditaments
• incorporal hereditaments

Question 2

What are corporeal hereditaments?

Answer 2

Corporeal hereditaments are physical things attached to the land - called fixtures usually

Question 3

What are incorporeal hereditaments?

Answer 3

benefit of any proprietary rights that the land has but which have no physical substance eg easement over neighbouring land

Question 4

What rights do owners have of the airspace above the land?

Answer 4

Have rights over such a height as is necessary for ordinary use and enjoyment of the land which means

• rights over lower airspace
• no rights over upper airspace

Question 5

What can owners legitimately exclude from their airspace?

Answer 5

• things overhanging from neighbouring properties
• jibs of cranes
• not aircrafts if they are flying high enough

Question 6

What rights do owners have over ground below the surface of land?

Answer 6

Carries all land beneath surface too apart from:

• not all the minerals - gold and silver belong to the Crown
• treasure belongs to the Crown.
• Coal belongs to Coal Authority
• no trespass at depths below 300 m

Question 7

What is the test for determining whether something is a fixture or chattel?

Answer 7

Two parts:

• degree of annexation test - considers how the object is fixed/attached to the land/building (more firmly attached more likely to be fixture, if resting on own weight then chattel generally)
• purpose of annexation test - considers whether the annexation was for the more convenient use or enjoyment of the chattel as a chattel or to enhance the building in some way

Question 8

What is the interaction between the two tests?

Answer 8

The purpose of annexation test will take priority over the degree of annexation test.

Degree of annexation raises presumption that the thing is or is not a fixture but this can be rebutted be objectively looking at the purpose

Question 9

According to Botham v TSB bank when are things more likely to be a fixture?

Answer 9

When they are intended to be permanent and to afford a lasting improvement to the building, the thing will become a fixture.

If attachment is temporary and is no more than is necessary for the item to be used and enjoyed then it will remain a chattel

Question 10

What things are likely to be seen as chattels?

Answer 10

• ornamental items such as pictures and paintings
• carpets and curtains
• light fittings attached by screws
• kitchen appliances if not integrated and can be removed easily

Question 11

What items are likely to be fixtures?

Answer 11

• kitchen units
• items installed by builder
• bathroom fittings

Question 12

What other principles emerge from case law in relation to deciding if something is a fixture or a fitting?

Answer 12

• if chattels are incorporated into the architectural design of a building, they may consequently be classified as fixtures even though they are not firmly affixed
• a chattel may be securely affixed to the land but remain a chattel if the purpose of annexation is the better enjoyment of the chattel as such
• if a chattel cannot be removed from the land without destruction/demolition, it will be deemed to be intended to form part of the land and therefore a fixture

Question 13

Why is it important to know whether something is a fixture or fitting?

Answer 13

Because conveyance of land automatically includes all fixtures to the properties

Question 14

How can sellers protect themselves in relation to not transferring fixtures?

Answer 14

Explicit exclude them from contract of sale