Law

Law of Property Act 1925’s

The land is defined in the Law of Property Act 1925, s. 205(1)(ix) as including ‘the surface, buildings or parts of buildings’ and whatever is attached to the land becomes part of the land. This raises, in practice, an important problem relating to ownership of those items which, but for the fact that they are attached to the land, would constitute chattels. The distinction needs to be drawn between those items which are fixtures, and therefore part of the reality, and those which are not, and therefore remain personally. One of the very established presumptions of UK Land Law is that whatever is attached to the land is part of the land as a fixture. Thus, if the land is sold, items which can be classed as fixtures pass to the buyer as part of the reality. There is no need for separate mention of these items in the contract as would be the case for chattels. An object which is brought onto land may be classified under one of three Broadheads.
In general, a thing fixed to or in a relationship with the land is a fixture and is legally treated as a party of the land itself. The doctrine, therefore, transforms the personal property into real property. The doctrine of fixtures can have dramatic consequences. In Brand Vs Chris Building Society Pty Ltd a house built on the wrong block of land became part of that land, rendering it the property of the owner of the land. It can be difficult to distinguish between chattels and fixtures. The general rule is that when something is annexed to the land it becomes part of the land. It is, however, very difficult to say with precision what constitutes sufficient annexation. Should first look at extrinsic clues, most notably any contract between the parties.

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