UNIT 1: LAND, FIXTURES AND CHATTELS
WHAT IS LAND?
Property = rights that confer upon a person a degree of control over a resource, eg leases,
easements.
Land = s205(1)(ix) Law of Property Act (LPA) 1925. Includes:
Land of any tenure
Mines and minerals
Corporeal hereditaments (tangible, physical characteristics of land capable of being
inherited, eg trees)
Incorporeal hereditaments (intangible property rights capable of being inherited, eg
easements)
Manor and advowson (historical, limited modern application).
Buildings and parts of, both horizontal and vertical.
Includes flying freeholds (buildings that do not touch soil)
Airspace and subsoil:
Traditional maxim: ownership extends up to the heavens and down to the centre of
the earth
Modern law: Bernstein of Leigh (Baron) v Skyviews & General Ltd [1977].
A landowner owns only the airspace necessary for ordinary use and enjoyment of
the land.
FIXTURES AND CHATTELS
General rule: fixtures are included in the sale of land; chattels are not.
If the contract does not state which items are included in the sale price, apply the two-part
test in Berkley v Poulett [1977] to determine whether an object is a fixture or a chattel:
1. Method and degree Must be degree of physical annexation to land to be a
of annexation fixture.
Legal maxim = whatever is attached to land is part of it, so
there is a presumption that it is a fixture – (quicquid
plantatur solo, solo cedit).
If an item cannot be removed without serious damage, the
presumption is stronger.
2. Object and purpose To enhance the land → fixture.
of annexation (more To enjoy the item itself → chattel.
important)
Two main exceptions to the rule that you cannot remove fixtures:
1. Express contractual provision allowing removal.
2. Person who has affixed the object is a tenant.
,Supporting cases:
Case Item Held to be Key principle
Berkley v Poulett Pictures in Pictures, sundial, Items for personal enjoyment
[1977] recesses, statue = chattels; remain chattels;
sundial, statue, plinth = fixture structural/architectural
plinth elements are fixtures.
D’Eyncourt v Statues, vases, Fixtures Even freestanding objects can
Gregory [1866] garden seats be fixtures if intended to form
part of the overall architectural
design.
Leigh v Taylor Tapestries Chattels Attachment does not make an
[1902] nailed to walls item a fixture if the purpose is
simply to enjoy it.
Elitestone Ltd v Bungalow on Fixture If removal would destroy the
Morris [1977] concrete blocks item, it is part of the land.
Botham v TSB Carpets, Carpets, curtains, Everyday household items are
Bank plc [1997] curtains, light lights = chattels; usually chattels; items
fittings; kitchen kitchen units = integrated into the structure
units fixtures are fixtures.
, CONVEYANCING OF LAND
Conveyancing = procedure to transfer title to land.
Stage 1: Contract Buyer investigates the property.
Exchange of contracts binds the parties.
Buyer gains an equitable interest (estate contract).
Contract must satisfy s2 LP(MP)A 1989: in writing, all expressly
agreed terms in one document, signed by/on behalf of both
parties.
Seller retains legal title until completion.
Stage 2: s52 LPA 1925: to transfer the title to a legal estate or interest in land,
Completion the parties must execute a deed.
Deed + payment of balance = legal title passes.
Unregistered conveyancing (Unit 2):
Deed is a conveyance. Buyer becomes legal owner at date of conveyance.
For seller to prove they have right to possession of land, they must provide a good root of
title:
s44 LPA 1925, a seller must prove an unbroken chain of title for at least the last 15
years.
s44(1) gives purchaser right to inspect the seller’s title deeds back to a good root of
title.
The conveyance of an unregistered title triggers an obligation to register the title - Land
Registration Act (LRA) 1925.
Registered conveyancing (Unit 3):
Deed is a transfer. s27 LRA 2002 provides that legal estate only passes when buyer’s name is
put on register as new owner of the land.
Seller proves ownership by showing the buyer an ‘official copy’ of entries on register at Land
Registry. The register is divided into three parts:
1. Property Describes the land by reference to a title plan and address of the
register property.
States which legal estate has been registered under this title
number - freehold or leasehold.
Specifies rights for the benefit of the registered title, eg benefit of
an easement.
2. Proprietorship States the class of title (eg Absolute, Possessory, or Qualified).
register Names the registered proprietors (legal owners) and lists
restrictions affecting their ability to deal with the land, eg co-
ownership restriction/restriction by mortgage lender.
3. Charges Notices of any third-party rights registered against the title which
register burden the land.
Note of any registrable leases created out of the registered title.
Records any mortgage by registered charge created out of the
registered title.
, The Registered System (Unit 3):
Registration applies to title, not the land itself, so multiple titles can exist over the same
physical land.
Estates capable of substantive registration (unique title number):
a. All freehold estates.
b. Leasehold estates with more than 7 years to run – LRA 2002.
Compulsory first registration:
Two ways in which first registration can happen - voluntary (rare as must pay fee) or
compulsory.
Specific 'trigger events' under s 4(1) LRA 2002 require an application for first
registration:
Qualifying Unregistered freehold estate.
estates Unregistered leasehold estate with more than seven years to run.
Transfer of qualifying estate by sale, gift, court order or assent triggers
first registration – s4(1)(a) LRA 2002.
Legal leases A legal lease granted for more than seven years triggers a compulsory
registration - s4(1)c LRA 2002.
Does not trigger registration of freehold reversion (landlord’s remaining
interest). Can have registered lease with unregistered freehold.
Mortgages Creation of a first legal mortgage of a qualifying estate triggers first
registration of estate mortgaged - s4(1)(g) LRA 2002.
Where there is an obligation to apply for first registration, the application must be made
within two months of completion of the transaction that triggered first registration.
WHAT IS LAND?
Property = rights that confer upon a person a degree of control over a resource, eg leases,
easements.
Land = s205(1)(ix) Law of Property Act (LPA) 1925. Includes:
Land of any tenure
Mines and minerals
Corporeal hereditaments (tangible, physical characteristics of land capable of being
inherited, eg trees)
Incorporeal hereditaments (intangible property rights capable of being inherited, eg
easements)
Manor and advowson (historical, limited modern application).
Buildings and parts of, both horizontal and vertical.
Includes flying freeholds (buildings that do not touch soil)
Airspace and subsoil:
Traditional maxim: ownership extends up to the heavens and down to the centre of
the earth
Modern law: Bernstein of Leigh (Baron) v Skyviews & General Ltd [1977].
A landowner owns only the airspace necessary for ordinary use and enjoyment of
the land.
FIXTURES AND CHATTELS
General rule: fixtures are included in the sale of land; chattels are not.
If the contract does not state which items are included in the sale price, apply the two-part
test in Berkley v Poulett [1977] to determine whether an object is a fixture or a chattel:
1. Method and degree Must be degree of physical annexation to land to be a
of annexation fixture.
Legal maxim = whatever is attached to land is part of it, so
there is a presumption that it is a fixture – (quicquid
plantatur solo, solo cedit).
If an item cannot be removed without serious damage, the
presumption is stronger.
2. Object and purpose To enhance the land → fixture.
of annexation (more To enjoy the item itself → chattel.
important)
Two main exceptions to the rule that you cannot remove fixtures:
1. Express contractual provision allowing removal.
2. Person who has affixed the object is a tenant.
,Supporting cases:
Case Item Held to be Key principle
Berkley v Poulett Pictures in Pictures, sundial, Items for personal enjoyment
[1977] recesses, statue = chattels; remain chattels;
sundial, statue, plinth = fixture structural/architectural
plinth elements are fixtures.
D’Eyncourt v Statues, vases, Fixtures Even freestanding objects can
Gregory [1866] garden seats be fixtures if intended to form
part of the overall architectural
design.
Leigh v Taylor Tapestries Chattels Attachment does not make an
[1902] nailed to walls item a fixture if the purpose is
simply to enjoy it.
Elitestone Ltd v Bungalow on Fixture If removal would destroy the
Morris [1977] concrete blocks item, it is part of the land.
Botham v TSB Carpets, Carpets, curtains, Everyday household items are
Bank plc [1997] curtains, light lights = chattels; usually chattels; items
fittings; kitchen kitchen units = integrated into the structure
units fixtures are fixtures.
, CONVEYANCING OF LAND
Conveyancing = procedure to transfer title to land.
Stage 1: Contract Buyer investigates the property.
Exchange of contracts binds the parties.
Buyer gains an equitable interest (estate contract).
Contract must satisfy s2 LP(MP)A 1989: in writing, all expressly
agreed terms in one document, signed by/on behalf of both
parties.
Seller retains legal title until completion.
Stage 2: s52 LPA 1925: to transfer the title to a legal estate or interest in land,
Completion the parties must execute a deed.
Deed + payment of balance = legal title passes.
Unregistered conveyancing (Unit 2):
Deed is a conveyance. Buyer becomes legal owner at date of conveyance.
For seller to prove they have right to possession of land, they must provide a good root of
title:
s44 LPA 1925, a seller must prove an unbroken chain of title for at least the last 15
years.
s44(1) gives purchaser right to inspect the seller’s title deeds back to a good root of
title.
The conveyance of an unregistered title triggers an obligation to register the title - Land
Registration Act (LRA) 1925.
Registered conveyancing (Unit 3):
Deed is a transfer. s27 LRA 2002 provides that legal estate only passes when buyer’s name is
put on register as new owner of the land.
Seller proves ownership by showing the buyer an ‘official copy’ of entries on register at Land
Registry. The register is divided into three parts:
1. Property Describes the land by reference to a title plan and address of the
register property.
States which legal estate has been registered under this title
number - freehold or leasehold.
Specifies rights for the benefit of the registered title, eg benefit of
an easement.
2. Proprietorship States the class of title (eg Absolute, Possessory, or Qualified).
register Names the registered proprietors (legal owners) and lists
restrictions affecting their ability to deal with the land, eg co-
ownership restriction/restriction by mortgage lender.
3. Charges Notices of any third-party rights registered against the title which
register burden the land.
Note of any registrable leases created out of the registered title.
Records any mortgage by registered charge created out of the
registered title.
, The Registered System (Unit 3):
Registration applies to title, not the land itself, so multiple titles can exist over the same
physical land.
Estates capable of substantive registration (unique title number):
a. All freehold estates.
b. Leasehold estates with more than 7 years to run – LRA 2002.
Compulsory first registration:
Two ways in which first registration can happen - voluntary (rare as must pay fee) or
compulsory.
Specific 'trigger events' under s 4(1) LRA 2002 require an application for first
registration:
Qualifying Unregistered freehold estate.
estates Unregistered leasehold estate with more than seven years to run.
Transfer of qualifying estate by sale, gift, court order or assent triggers
first registration – s4(1)(a) LRA 2002.
Legal leases A legal lease granted for more than seven years triggers a compulsory
registration - s4(1)c LRA 2002.
Does not trigger registration of freehold reversion (landlord’s remaining
interest). Can have registered lease with unregistered freehold.
Mortgages Creation of a first legal mortgage of a qualifying estate triggers first
registration of estate mortgaged - s4(1)(g) LRA 2002.
Where there is an obligation to apply for first registration, the application must be made
within two months of completion of the transaction that triggered first registration.
