GFTF Solicitors: Understanding Fixtures and Fittings in Property Law

Running head: GFTF SOLICITORS
GFTF solicitors
Name of the student
Name of the university
Author note

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GFTF SOLICITORS
GFTF Solicitors
Kingston University
Surrey
Ms Amanda May
Gates Path
Cheam
Surrey
SM8 6NE
RE: WA0014536
Dear Ms Amanda May,
This letter is in response to the queries raised by you. As you are purchasing a freehold
detached house and believed that some of the items were part of the sale, the general law on
fixtures will be relevant, that is whatever is attached to the land belongs to the land which was
clearly outlined in Holland v Hodgson (1872).1 This will be beneficial to your case if indeed,
there were no agreements made, where it is specified what is excluded and what is exactly in the
sale.
1Holland v Hodgson (1872) LR 7 CP 328

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GFTF SOLICITORS
Concrete terrace
The law of Property Act 1925 states that "'Land' includes land of any tenure, mines, and
minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the
division is horizontal, vertical or made in any other way) and other corporeal hereditaments2”.
The context of this law implies that corporeal hereditaments define the availability of any
tangible elements that are part of a material object that is closely related to the property3.
The degree of annexation
The case study can properly be evaluated in a court of law through the application of both
tests relating to degree of annexation and purpose of annexation. These tests attempt to explain
the intention of an object that is part of larger land property4. It is important to develop a degree
of annexation because it provides the basis to understand whether a fixture is truly attached to
land or a building so that Mrs. Day can claim ownership. Basically, the compactness or strength
with which an object is attached to a building or the earth surface, increases its classification as a
fixture. In Holland V. Hodgson case [1872]5, the degree of annexation is clearly elaborated
concerning the classification of fixtures. Applying these tests, the Yorkshire terrace was properly
constructed and cast into a stone wall with the intention of serving the purpose of the house and
become an integral part of the structure. Elitestone V. Morris [1997]6 is a case example where
the degree of annexation was applied to a property suite. In the ruling of this case, an object was
classified as a fixture and it not being firmly attached to the land did not prevent it from being a
2 Law of Property Act 1925 s.205 (1)(ix)
3 Nigel P Gravells, Landmark Cases In Land Law (Hart Publishing 2016)
4Ben. Nield McFarlane, Land Law (Oxford Univ Press 2018).
5Holland v Hodgson (1872) LR 7 CP 328
6Elitestone V. Morris [1997] ALL ER 513 [3]