Topic
Land law
Instructions
This is an analysis paper on Land Law
Answer Preview
The general rule is “Quicquid planatur solo, solo cedit” which means that “what is ever attached to the soil becomes part of it”[1]. Therefore, in case a building is put up on land and for that reason, such objects become permanently attached to the structure, subsequently the soil, the objects and building annexed to form part of the land according to the law. Therefore, real property is any property that is affixed directly to the land, with the inclusion of the land itself. Consequently, real property is any subset of the land, which has been advanced through legal human actions. Examples, of real property, include ponds, buildings, canals, machinery, and roads among other things. This means that even though steel, wood and other building materials are not land themselves, the moment they are built into structures then the moment such structures are attached to the land then they become real property.
Personal property, on the other hand, can be defined as property that is not real property. Personal property includes intangibles and chattels. Chattels in some instances refer to all forms of personal property; nonetheless, they can also refer to tangible personal property. However, in some cases, chattels can be referred to as fixtures, and such fixtures form real property. Conversely, fixtures can maintain their quality as distinct personal chattels for specific purposes. For instance, at the completion of lease tenure, the leaseholder has a right to confiscate the fixtures they had fitted even though such a tenant does not have any more privilege to the land at the completion of the lease[2]. The Court in the Stokes case established that all fixtures that have been affixed by the tenant are “Landlord fixtures”. Intangibles, on the other hand, are all personal properties that cannot be touched.
[1] Minshall v. Lloyd (1837) 2 M. & W. 450 at 459
[2] Stokes v. Constain Property Investment Ltd (1984) 1 W.L.R.763
Word Count: 2000