Topic 2 - Personal Property and Fixtures

Question 1

Personal Property

Answer 1

All property interests which do not constitute land

Question 2

Real Property

Answer 2

Tangible and intangible rights associated with land

Question 3

Chattels Real

Answer 3

Leasehold interests

Question 4

Chattels Personal

Answer 4

All other forms of personal property

Question 5

Possessory Title

Answer 5

Right enforceable against all of the world except for the true owner

Question 6

Proprietary Title

Answer 6

Enforceable against all the world

Question 7

Inchoate Possessory Title

Answer 7

A present enforceable right on the possessor in physical control, legal right to enforce possession where the holder is dispossessed.

Question 8

Jus Tertii Defence

Answer 8

Prior possessor’s title is defective because the actual possessor has acquired possession from a third party

Question 9

Fixtures

Answer 9

Chattels that have been affixed to the land to such an extent that they are no longer regarded as having a separate identity to that land

Question 10

The test for the doctrine of fixtures

Answer 10

1. The degree of annexation

2. The purpose of annexation