L1- Concepts of Land
Land includes land of any tenure and mines and mineral whether or not
held- S205 LPA 1925
Fixtures are part of the land and cannot be moved, they are
permanent to the land
Chattels are objects which are not part of the land and can be
removed, only way the can become fixtures is through physical
attachment. (Holland v Hodgson)
(Berkley v Poulett)
Test to Determine Whether an Object is a chattel or Fixture
(i) The method and degree of annexation;
If Free Standing – presume=Chattel
If attached – presume= Fixture
(ii) The object and purpose of annexation
If intended to be permanent part of the design – chattel rebutted =
it’s a Fixture
If annexed to enjoy the item in its own right- fixture rebutted= it’s a
Chattel
All land owned by the crown, estate is referred to owning land to the right
to enjoy the land for a period of time.
Legal Estate
Section 1(1) LPA 1925- 1) an estate in fee simple absolute in possession
(freehold)
2) A term of years Absolute (Leasehold)
Freehold Estate
Fee – Can be inherited
Simple – By any class of heir (can last forever if
you have heir to inherit it)