Assignment Brief Academic Year 2022-23

Module code LW602-22SB – Law of Property Module leader: Obiajunwa Ama

and title:

Assignment Coursework One – Summative Assessment 50%

No. and type: weighting:

Submission Before 14.00, on Wednesday Target feedback Before 17.00,

time and date: 23rd August 2023 time and date: on Thursday 21st September
2023

Assignment task

1. ‘There is no doubt that the general maxim of the law is, that what is annexed to the land becomes
part of the land; but it is very difficult, if not impossible, to say with precision what constitutes an
annexation sufficient for this purpose'
Blackburn J in Holland v Hodgson [1972] LR 7 CP 328

With reference to the law and academic commentary, critically examine this statement on fixtures and
fittings and comment on the extent to which you agree. The word count is 2,000 words, excluding
footnotes and bibliography.

This assignment has been designed to provide you with an opportunity to demonstrate your
achievement of the following module learning outcomes:

Explain the key principles and rules of the law of property

Evaluate doctrinal and conceptual difficulties and analyse alternative approaches and
outcomes and areas of uncertainty

Apply those rules to complex factual situations and produce a reasoned judgment of
possible outcomes.

Write and speak in fluent English using legal terminology with accurately and produce
text with footnotes, references, and appropriate formatting using a standard software
package.

Referencing and presentational requirements

Please reference your work using the OSCOLA (Oxford for Law) style as defined in Cite Them Right
Online (http://www.citethemrightonline.com).

Internal approval: Nnenna Ifeanyi-Ajufo Name, Date 31/10/2022

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Submission details

This assignment should be submitted electronically using the relevant submission point in the Submit your
work section of your Blackboard module shell. It should be written in a Microsoft word document.
Hardcopy submission is not required.

Academic integrity

Academic integrity means taking responsibility for your own work.

When you submit an assignment, you are effectively making a declaration that it is your own work and that
you have acknowledged the contribution of others and their ideas in its development (for example, by
referencing them appropriately).
For further information and guidance, please see the University website: https://www.bucks.ac.uk/current-
students/registry-helpdesk-and-academic-advice/academic-integrity-and-misconduct
You are also expected to take responsibility for maintaining and managing confidentiality issues in your
work. You should maintain and respect confidentiality in relation to the protection of personal, technical
and/or commercial information of a sensitive nature in their assessed work, whatever the format.
Confidentiality issues will vary from subject to subject and you are encouraged to seek advice from your
course team if you are unclear about requirements in your context. For further information and guidance,
please see the University website: https://www.bucks.ac.uk/academic-confidentiality

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Assessment Criteria Academic Year 2022-23

Below are non-exhaustive and prescriptive guide to assessing this assignment.

80 and above
 This question invites students to critically examine the complexities that is inherent in the determination of fixtures and fittings in English property
law. Therefore, candidates should recognise that as part of the broader aim of English property law which is for the utility of land to be maximised, it
is thus important that rights and ownership of properties are determined. However, the determination of such rights and ownership is not always a
straight forward affair, a complexity parading that features prominent in the area of fixtures and fittings in conveyancing.
 As such, candidates should recognise the maxim that ‘quicquid plantatur solo, solo cedit’ - ‘Whatever is attached to the soil, becomes part of it' as a
starting point. As succinctly captured by Blackburn J - 'There is no doubt that the general maxim of the law is, that what is annexed to the land
becomes part of the land; but it is very difficult, if not impossible, to say with precision what constitutes an annexation sufficient for this purpose'
Within this premise, candidates should therefore critically analyse whether and when property can be deemed to be a fitting or fixture.
 Towards ensuring ease of conveyancing, enshrining justice and certainty, as well as eliminate complexity between parties, students should recognise
that two methods of determining realty and personality was developed in contract law – method of annexation (how [property] is attached) and
purpose of annexation (Intention behind the attachment).
 Students should critically explore developments in caselaws on whether these two tests have satisfactorily resolved the complexity in determining
fixtures and fittings, taking into account the comment of Kevin Gray that 'Contemporary borderline between fixtures and chattels may now be more
case specific and context-dependent than was once believed' In essence, there is no ironclad method of determining the two variables as it all depends
on the circumstances of each case. Within this instance, the exploration of developments in the law (Caselaws and statutory instruments) should
suffice.
 A thorough examination of developments in the law regarding this subject will evidence a rather non-coherent test in determining whether a property
is a fixture or a fitting. Overall, neither the purpose of annexation nor degree of annexation can conclusively be adduced to providing a veritable
guideline as to how to determine the two variables. However, and students may surmise, that ‘purpose and intention’ behind the annexation now have
far reaching implications in such determination. Thus, the ‘weight or resting on its own’ test may not sufficient in view of legal devolvement within
this area of property law.
 In conclusion, students should extrapolate that Blackburn J’s statement in Holland v Hodgson [1972] LR 7 CP 328 is correct, but, ‘purpose of
annexation’ appears to have reduced difficulty in determining fixtures and fittings. But, several factors such as duration of annexation of the property,

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Assessment Criteria Academic Year 2022-23

its nature and intention behind it, sort of relationship of the parties, necessity of the property and ease of removal; are concepts that fits into the idea
of purpose. Within this context, relevant caselaws, statues and academic commentary that are relevant to this subject should feature prominently.

70-79
Students on this grade level will engage with the question in a critical way, clearly presenting their own ideas and arguments in a reasoned way. It will be very
logical and contain evidence of wider knowledge and interaction of several aspects of fixtures and fittings. In particular, the deployment of the core concepts
of English property law such as ownership rights and issues surrounding conveyancing should feature. Overall, a clear statement of confidence, awareness
and appreciation of the principles and devolvements in determining what is a fixture and fitting should be evidenced. Thus, better students will evidence the
far reaching implications underpinning degree and purpose of annexation, with the knowledge of the interrelationship of the tests being an instant example.
The critical analysis of caselaws, deployment of academic commentary and reasoned structuring of the essay should be shown, clearly applying them in a
critically discursive way.
60-69
Candidates at this level will show awareness of some of the issues surrounding fixtures and fittings in English property law. Thus, the appreciation of the
reasons behind the decision in Holland v Hodgson should be shown. In addition, some information on the rationale underpinning the tests of degree of
annexation and purpose of annexation should suffice. However, the evidencing of wider knowledge and proper critical analysis of some of the concepts may
be limited.
50-59
Candidates at this level will have some awareness of ownership rights of properties in conveyancing. In essence, the determination of fixtures and fittings and
the two tests that is deployed in determining them should be evidenced. As such, while efficient critical analysis will not suffice, however, some credible
knowledge on ownership should be shown. In addition, some information on fixtures and fittings, and the importance of determining them should be shown.
40-49
Students at this level will only show basic understanding of the theme of the essay. Thus, some appreciation and consideration of fixtures and fittings will be
shown. However, there may not be critically analysed and/or explained in great detail. Thus, some aspects of the essay may be muddled, descriptive and
without critical analysis.
35-39

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Assessment Criteria Academic Year 2022-23

Students at this level will only have shown some understanding of the core concepts and theme of the essay. Relevant issues will not be explained and key
concepts and cases will be missing. But, some information that requires some academic credit may be present.
0-34
Candidates on this grade level will have written nothing of academic merit and credit. In essence, the theme of the essay and other related information will
either be little or clearly not worthy of academic credit.