Lecture notes
Fixtures & Chattels
- Module
- Land Law (202X)
- Institution
- Lancaster University (LU)
Introduction to property Law distinguish between fixtures and chattels.
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Land Law 202x Land Law 202x Land Law 202xFixtures & chattels
W1: L2
Tenants have the right to remove particular fixtures.
o Holland v Hodgson (1872) LR 7 CP 328
- The leading case, setting out the ‘degree and purpose’ of the annexation test.
- Mortgage had been secured against a factory.
- Machinery had been nailed to the factory, therefore attached, and was considered chattel.
- Object attached to the land, becomes part of the land.
-> depends on the circumstances of the case. What constitutes annexation, intention of the person
who put the object in place? (how securely is it attached to the land and why?)
-> if the circumstances are such, that they were intended to be part of the land, they will pass with the
land and be considered a fixture.
Object attached to the land even slightly should be considered a fixture
A large object secured to the land would not always be considered a fixture e.g. a ship at a
dock doesn’t become one with the dock.
It’s possible for an object to become a fixture, only when it is integral to the land.
If the object is attached to the land ie. For enjoyment, it’ll be considered chattel.
Degree of annexation determines who has to prove what the purpose of annexation was.
Intention of product placement is key.
o Elitestone Limited v Morris [1997] 2 All ER 513
- Bungalow was resting on the ground.
- Each part of the bungalow was a chattel when it was brought on the ground. But did it
become a fixture once it was put together on that ground?
- Structures such as porter cabins aren’t designed to be removed from the ground and therefore
would be considered a fixture.
- If it can be removed without destruction = chattel?
- The only way to remove the bungalow would be to destroy it thus, it would be a fixture?
- It was intended to be permanent and part of the site and must be destructed to be removed. =
fixture
o Mew v Tristmire [2011] EWCA Civ 912
- Questions whether a houseboat a fixture or a chattel?
- Houseboats can be removed without being removed. (fall into the category of caravans which
are removable) thus, considered a chattel.
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