In what case did the court determine the chattel/fixture status of a series of everyday
household items? What considerations did they set out?
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* Botham v TSB (1996) *
- here, the court was called upon to determine the status of a series of
everyday household items. If they proved to be fixtures, the mortgage
lender who had brought possession proceedings against Mr Botham would
be ablate sell the land to a new purchaser wit the fixtures included. any
chattels would belong to Mr Botham.
Roch LJ set out a series of considerations that will be relevant to the court
when deciding whether a chattel has become a fixture;
1. whether the item is ornamental and attachment is sampling to enable the
item to be enjoyed (this indicates a chattel)
2. the damage that removal of the item would cause: the greater the
damage, the more likely the item is a fixture
3. the lifespan of the item: the more limited the lifespan, the more likely the
item is a chattel
4. the type of person who installed or attached the item to the land: a
, builder is more likely to install a fixture; a contractor or landowner is more
likely to install a chattel
if an item is found on your land and this item amounts to 'treasure' under the
provisions of the Treasure Act 1996, do you own this item?
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no - this item belongs to the crown because it is 'treasure'
What is the modern general difference between fixtures and chattels?
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where an item has an element of permanency and increases the enjoyment
and use of the land, it will be a fixture.
where an item is annexed to the land simply to increase enjoyment or use
of the item, it will be a chattel. (e.g. certain items can only be used if they
are affixed to and, e.g. tapestries)
what is an estate in land?
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an estate in land describes how long a person is entitled to enjoy rights of
use and possession of that land
when will a chattel become a fixture?
,Give this one a try later!
-no single test has been developed for determining whether a chattel has
become a fixture
-a series of factors are taken into account by the court
-a key starting point is the House of Lords' decision in Elitestone v Ltd v
Morris
-Elitestone tells us that two key factors will be relied upon by the court to
determine whether a chattel has become a fixture:
(1) the degree of annexation
(2) the purpose of annexation
if the owner of land wishes to sever a fixture, can they?
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when a chattel has become a fixture, the landowner is entirely within her
rights to sever that fixture from the land and return its status to a chattel.
this is because the landowner is the only person with a claim to the fixture -
this is the right of removal or severance of a fixture
what is the person holding the leasehold estate known as?
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leaseholder / lessee tenant
, common socage
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the only tenure that remains. it is a free tenure of land
what is 'the 1925 legislation' and what effect did it have on the distinction between
legal and equitable interests?
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- the 1925 legislation came into force on 1st January 1926
- it is a raft of property law legislation
- it included 6 different Acts of Parliament
- in this module we focus on the Law of Property Act 1925, the Land
Changes Act 1925, and the Land Registration Act 1925
even today, in large part, the 1925 legislation remains the bedrock of our
modern law
- its coming into force marked a significant shift in the way interests in land
law operated
- the 1925 legislation heralded the first steps towards and set the tone for
the land registration system in place today under the LRA 2002
- land registration was introduced with this 1925 legislation
- before the introduction of land registration, the legal / equitable
distinction was of even greater significance
does a landowner own the mines and minerals on their land?
Give this one a try later!
household items? What considerations did they set out?
Give this one a try later!
* Botham v TSB (1996) *
- here, the court was called upon to determine the status of a series of
everyday household items. If they proved to be fixtures, the mortgage
lender who had brought possession proceedings against Mr Botham would
be ablate sell the land to a new purchaser wit the fixtures included. any
chattels would belong to Mr Botham.
Roch LJ set out a series of considerations that will be relevant to the court
when deciding whether a chattel has become a fixture;
1. whether the item is ornamental and attachment is sampling to enable the
item to be enjoyed (this indicates a chattel)
2. the damage that removal of the item would cause: the greater the
damage, the more likely the item is a fixture
3. the lifespan of the item: the more limited the lifespan, the more likely the
item is a chattel
4. the type of person who installed or attached the item to the land: a
, builder is more likely to install a fixture; a contractor or landowner is more
likely to install a chattel
if an item is found on your land and this item amounts to 'treasure' under the
provisions of the Treasure Act 1996, do you own this item?
Give this one a try later!
no - this item belongs to the crown because it is 'treasure'
What is the modern general difference between fixtures and chattels?
Give this one a try later!
where an item has an element of permanency and increases the enjoyment
and use of the land, it will be a fixture.
where an item is annexed to the land simply to increase enjoyment or use
of the item, it will be a chattel. (e.g. certain items can only be used if they
are affixed to and, e.g. tapestries)
what is an estate in land?
Give this one a try later!
an estate in land describes how long a person is entitled to enjoy rights of
use and possession of that land
when will a chattel become a fixture?
,Give this one a try later!
-no single test has been developed for determining whether a chattel has
become a fixture
-a series of factors are taken into account by the court
-a key starting point is the House of Lords' decision in Elitestone v Ltd v
Morris
-Elitestone tells us that two key factors will be relied upon by the court to
determine whether a chattel has become a fixture:
(1) the degree of annexation
(2) the purpose of annexation
if the owner of land wishes to sever a fixture, can they?
Give this one a try later!
when a chattel has become a fixture, the landowner is entirely within her
rights to sever that fixture from the land and return its status to a chattel.
this is because the landowner is the only person with a claim to the fixture -
this is the right of removal or severance of a fixture
what is the person holding the leasehold estate known as?
Give this one a try later!
leaseholder / lessee tenant
, common socage
Give this one a try later!
the only tenure that remains. it is a free tenure of land
what is 'the 1925 legislation' and what effect did it have on the distinction between
legal and equitable interests?
Give this one a try later!
- the 1925 legislation came into force on 1st January 1926
- it is a raft of property law legislation
- it included 6 different Acts of Parliament
- in this module we focus on the Law of Property Act 1925, the Land
Changes Act 1925, and the Land Registration Act 1925
even today, in large part, the 1925 legislation remains the bedrock of our
modern law
- its coming into force marked a significant shift in the way interests in land
law operated
- the 1925 legislation heralded the first steps towards and set the tone for
the land registration system in place today under the LRA 2002
- land registration was introduced with this 1925 legislation
- before the introduction of land registration, the legal / equitable
distinction was of even greater significance
does a landowner own the mines and minerals on their land?
Give this one a try later!
