Land Law I – Fixtures and Chattels

English land law is concerned with interests in land and in addition to ownership there are four other interests in land that may arise in the course of day to day living. Those interests are as follows: –

1) Minor and overriding interests

2) Equitable interests

3) Covenants

4) Leases and licensees

Fixtures and Chattels

When it comes to land law it is important to distinguish between fixtures and chattels. While they may both look like a permanent feature of the land, they may vary with regards to ownership. A fixture will always belong to the owner of the land while a chattel may not necessarily belong to the owner of the land and may belong to someone else.

Another way of looking at it would be to regard a fixture as permanent property that is always attached to the land and a chattel as property that is not affixed to the land. A chattel may also be defined as an asset which is tangible and moveable and a chattel may  become a fixture.

As per section 62 (1) of the law of Property Act 1925, a conveyance (sale or transfer) of land will include any fixtures on it. Section 62 (1) of the Law of Property Act 1925 reads as follows: –

“A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof”

Copyright © 2019 by Dyarne Jessica Ward

You may also like

Leave a Reply

Your email address will not be published. Required fields are marked *