Land Law Revision Notes for Final Exam FULL

Land Law Revision

Property  Not Land  Chattels
 Intangibles
 Land  Freehold Land
 Leasehold Land

Freehold Land = Real Property  Fixtures


Fixture or Chattel?  Degree and Purpose of Annexation (Holland v Hodgson)
 Part and Parcel (Elitestone)

Degree of Annexation
 Chelsea Yacht
 Houseboat can be removed without damage despite attachments to land =
chattel
 Permanent home does NOT necessarily = fixture
 Elitestone
 Unable to move shack without destroying it, despite no attachment to land
= fixture
 Tower Hamlets
 Sculpture could be removed without damage or diminishing its inherent
beauty = chattel
 Holland v Hodgson
 If fixed to land (even slightly) = fixture  onus on party claiming chattel to
show that
 If not fixed to land = chattel  onus on party claiming fixture to show that

Purpose of Annexation
 Botham
 Object intended to be permanent and provide lasting improvement to
building = fixture
 Temporary and not necessary = chattel
 E.g. Bath, lavatory, sink = fixtures; dishwasher, curtains, cooker = chattels
 Leigh v Taylor
 Only fixed for personal enjoyment, e.g. tapestry = chattel (NB: work of art
could be removed as a whole)
 Holland v Hodgson
 Dry-stone wall, per Blackburn J, = fixture despite no attachment due to
purpose
 D’Eyncourt
 Tapestries, stone statues, garden seats, vases = integral to design of land =
fixtures
 Berkley v Poulett
 Purpose of annexation is more important than degree of annexation