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
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
