Fixtures And Chattels

Front 1

Section 205 LPA 1925?

Back 1

Buildings and parts of buildings form part of the land.
'Land' includes plants, trees, shrubs and hedges etc.

Front 2

Section 62 LPA 1925?

Back 2

Objects that are affixed to the land will pass to the new owner along with the land itself.

Front 3

What 2 questions must be asked when determining whether something forms part of the land?

Back 3

1) the physical degree of annexation to the land
2) the deemed purpose of annexation viewed objectively.

Front 4

Elitestone v Morris (1997)

Back 4

Where a house or structure is built in such a way that it cannot be removed without demolition or destruction, it is presumed to form part of the realty.
A wooden bungalow resting on concrete pillars attached to E's land could not be removed without demolition and therefore was 'part and parcel' of the land.

Front 5

Chelsea Yacht & Boat Club v Pope (2000)

Back 5

a houseboat with easily removable plug-in service connections was NOT part of the land to which it was moored, because it could easily be removed without destruction.

Front 6

Holland v Hodgson (1872)

Back 6

Spinning looms bolted to the floor of a mill were found to be FIXTURES due to the degree of physical annexation which amounted to a level of permanency.

Front 7

Hulme v Brigham (1943)

Back 7

Heavy printing machinery which was held by the force of its own weight was NOT a fixture.

Front 8

Aircool Installations v British Telecommunications (1995)

Back 8

air-conditioning equipment which was bolted to the walls of a building had a sufficient degree of physical annexation so was deemed to be a FIXTURE.

Front 9

Which case sets out the test for the 'purpose of the annexation?'

Back 9

TSB Bank plc v Botham (1996)

Front 10

Botham v TSB Bank plc (1996)

Back 10

The question is whether- objectively assessed- the installation of the object would normally have been intended to effect a permanent improvement of the realty, or only a temporary or removable addition to a building or landscape.

Kitchen units were regarded as FIXTURES (permanent improvements to the land) whereas appliances merely held by their own weight were CHATTELS- as were fitted carpets and curtains.

Front 11

Dixon v Fisher (1843)

Back 11

The 'deemed purpose of the annexation' must be assessed objectively. No-one can make his property real or personal merely by thinking it.

Front 12

D'Eyncourt v Gregory (1866)

Back 12

Ornamental items that formed part of the architectural design (i.e. marble statutes of lions merely resting by their own gravity) were found to be FIXTURES.

Front 13

Leigh v Taylor (1902)

Back 13

Tapestries which were pinned to the wall were merely CHATTELS as objectively there was no intention that hey should become fixtures, and this was the only way that they could realistically be enjoyed in their own right.