Land Law Test Notes
Ffion Wyn Parry
Land Law – Assessed test LA36130
1. Distinguishing between fixtures and chattels is important when deciding who the legal owner of property is. A fixture is an object which is attached irreversibly to the land, the removal of a fixture would result in the damage of the object. However the description of a describes how a chattel is not fixed it is an independent object resting on the land, and can be removed without causing damage. The distinction between whether an object is a fixture or a chattel is decided based upon to tests, the first “the degree of annexation test”, looks at the degree of the joint between the object and the land. If an object is fixed permanently to the land and removal will cause damage, the object is a fixture as in the case of Holland v Hodgson (1872). However if it is found that the object is merely resting on the land by its own weight then it’s a chattel, as was decided in Hulme v Bingham (1943). The second test “the purpose of annexation” looks at reasons why the object was joint to the land and whether it was placed to improve the property. An example of where distinguishing between a chattel and a fixture could be very important would be during the selling and buying of property or land. The owner looking to sell the property may believe that some objects within the property or on the land are not part of the property and therefore not part of the sale, whilst the buyer may be of the opinion that the object is in fact part of the land and therefore on sale they will become the legal owner. In cases like this is it important to distinguish between the two.
2. “To discuss whether a proprietary right is legal or equitable is to consider its quality as opposed to its content; the question is not ‘what does the right entitle the person to do on the land?’...but ‘what is the nature of the right?”. Legal interest is a contract that has been made with the use of deeds and therefore they have a legal right to
Land Law – Assessed test LA36130
1. Distinguishing between fixtures and chattels is important when deciding who the legal owner of property is. A fixture is an object which is attached irreversibly to the land, the removal of a fixture would result in the damage of the object. However the description of a describes how a chattel is not fixed it is an independent object resting on the land, and can be removed without causing damage. The distinction between whether an object is a fixture or a chattel is decided based upon to tests, the first “the degree of annexation test”, looks at the degree of the joint between the object and the land. If an object is fixed permanently to the land and removal will cause damage, the object is a fixture as in the case of Holland v Hodgson (1872). However if it is found that the object is merely resting on the land by its own weight then it’s a chattel, as was decided in Hulme v Bingham (1943). The second test “the purpose of annexation” looks at reasons why the object was joint to the land and whether it was placed to improve the property. An example of where distinguishing between a chattel and a fixture could be very important would be during the selling and buying of property or land. The owner looking to sell the property may believe that some objects within the property or on the land are not part of the property and therefore not part of the sale, whilst the buyer may be of the opinion that the object is in fact part of the land and therefore on sale they will become the legal owner. In cases like this is it important to distinguish between the two.
2. “To discuss whether a proprietary right is legal or equitable is to consider its quality as opposed to its content; the question is not ‘what does the right entitle the person to do on the land?’...but ‘what is the nature of the right?”. Legal interest is a contract that has been made with the use of deeds and therefore they have a legal right to
Bibliography: Dixon, M. (2005). Modern Land Law. Fifth edition. London: Cavendish Publishing. [ 1 ]. Holland v Hodgson (1872) LR 7 CP 32 [ 2 ] [ 3 ]. Dixon, M. (2005). Modern Land Law. Fifth edition. Page 9 [ 4 ] [ 5 ]. Dixon, M. (2005). Modern Land Law. Fifth edition. Page 125 [ 6 ] [ 7 ]. Dixon, M. (2005). Modern Land Law. Fifth edition. Page 126 [ 8 ] [ 9 ]. Dixon, M. (2005). Modern Land Law. Fifth edition. Page 327 [ 10 ]