Property law uk pdf

This article is about the property law uk pdf concept. A classic example of a fixture is a building, which—in the absence of language to the contrary in a contract of sale—is considered part of the land itself and not a separate piece of property.

Generally speaking the test for deciding whether an article is a fixture or a chattel turns on the purpose of attachment. If the purpose was to enhance the land the article is likely a fixture. If the article was affixed to enhance the use of the chattel itself, the article is likely a chattel. For example, if a piece of lumber sits in a lumber yard it is a chattel.

If the same lumber is used to build a fence on the land it becomes a fixture to that real property. In many cases, the determination of whether property is a fixture or a chattel turns on the degree to which the property is attached to the land. For example, this problem arises in the case of a trailer home. In this case the characterization of the home as chattel or realty will depend on how permanently it is attached—such as whether the trailer has a foundation. The characterization of property as a fixture or as chattel is important.