Based on the ruling of Botham v TSB Bank Plc , the court takes into account a number factors in determining whether the object is a fixture or not. These include :
-the degree of attachment
-the purpose of attachment
-the object is part of the entire building.
-the object movability.The object is chattel if moved regularly.
-the lifespan of the object. The object is chattel if need to be replace regularly and have short life span.
-the impact of damage to the land. The greater the impact of damage, the more likely, for the object to become a fixture.
-the person who attached / installed the object to the land.Installation by contractor will result in chattel whereas the installation by builder will result in fixture.
The court will consider all the factors and the decision will be taken based on the balance of factors which pointed towards fixture or chattel.
The Degree of Annexation
Hamp v Bygrave  and Ellitestone Ltd v Morris  are considered in the issue of degree of annexation.
In case of Ellitestone Ltd v Morris , the greater the degree of annexation, the more likely for the object to be a fixture.
Absence of any annexation is an indication of chattel unless based on its weight, the object / structure does not required annexation.
In case of Hamp v Bygrave , both of the purpose and degree of annexation are considered with the purpose of annexation remain the dominant test out of the two.
The Purpose of Annexation
The purpose of annexation is based on the case of Leigh v Taylor , D'Eyncourt v Gregory  and Dean v Andrew 
In the case of D'Eyncourt v Gregory , the chattel will become a fixture if the purpose of annexation is to improve the property itself.
In the case, of Leigh v Taylor  , the chattel will remain as a chattel, if the purpose of annexation is so that the chattel could be enjoyed as a chattel.
In the case of Dean v Andrew , the objective consideration is proposed in identifying the purpose of annexation. The subjective consideration may be persuasive.
In general, the purpose of annexation will determine either the structure is a fixture or not ?
Fixtures and Fittings
A chattel which is attached to the land, becoming part of the land or attached to a building will change its status from a mere chattel to a fixture.
Based on the case of Holland v Hodgson , the present of fixtures will depend on the purpose of annexation and degree of annexation.
Based on the case of Melluish v BMI (No.3) Ltd , the label given by the parties to a structure either fixtures or fittings are not conclusive of the status.
The extent of the rights of the land owner may include :
-the surface area of the land
-the lower airspace area of the land necessary for everyday use and enjoyment.
Supported by cases law such as Anchor Brewhouse Developments v Berkley House ( Docklands Developments) Ltd  which clarify the remedy in the form of injunction.
Bernstein of Leigh ( Baron) v Sky views General Ltd  where an interference of the upper airspace may not lead to an actionable trespass as there is no disturbance to the landowner ordinary use and enjoyment of the land.
Civil Aviation Act 1982 which permits aircraft to pass over the land at reasonable height without leading to trespass.
The rationale of no claim for interference for upper airspace:
it will allow the development of aviation and telecommunication technology such as satellites and it will also allow the development of transport system such as the aeroplane which pass over the respective land.
The ground of the land
This covers the mineral and mines.
However based on Coal Industry Act 1994, coal is owned by the coal authority.
Wild plants on the land which exclude any plants commercially planted which belong to those who planted it.
Dead wild animals on the land
Living wild animal not belong to anyone. However, landowner able to kill them if they are on the land subject to any statutory protection.
Building or part of the building
The building or part of the building may be vertical or horizontal.
The soil over which there is a flow of water
In case of two lands separated by river,each owner owns the soil up to the middle of river.
The owner of the land has exclusive fishing rights in the river where the water is non tidal.
However it is subjected to the rights of fishing given to others.
In case of tidal, the public has the rights to fish at the point of ebb and flow of the tide.
Items found on the land
Incorporeal hereditaments are intangible rights.
The intangible rights may include right of w ay or restriction of the building of the neighbouring land owner.
Definition of Land
s205(1)(ix) of Law of Property Act 1925 gives statutory definition of land which is supported by case law.
Technically land belongs to the Crown.
The idea was originated from Norman Conquest in 1066.
During this period, William the Conqueror, the King admitted that he is the owner of all land in England.
The king developed a land holding system.
The king allowed the people to occupy and use the land in return of performance of certain services.
The new holder of the land is known as tenant.
The tenant will occupy and use the land or even allow others to use and occupy the land in return for services to them.
This concept is known as subinfeudation.
The nature of service provided by tenant to the lord is based on the types of tenure.
These include free tenure and unfree tenure.
Free tenure includes chivalry, socage and spiritual.
Free tenure is characterized by fixed and certain services provided to the land.
Unfree tenure is customary and villeinage.
Unfree tenure is characterized by services which are not fixed in terms of nature and duration to the Lords.
Nowadays, the concept of tenure has been less practical.
The free tenure is available in the form of free and common socage which is known as freehold.
The freehold tenant does not provide services to the lord.
The feudal pyramid of land holding has disappeared.
The freehold tenant holds the land directly from the Crown.
Someone owning a freehold land has proprietary rights over the land which amount to absolute ownership.
However, the land is still belong to the Crown.
The most each individual could gain over a land is the proprietary rights to use, posses and enjoy the land known as estate.
There are two forms of estate which include freehold estate as mention above and leasehold estate.
Proprietary rights are right in rem
Proprietary rights are enforceable against the property itself.
A holder of proprietary rights who is denied the right is entitled to seek action.
The action such as the recovery of the use of land or the actual land is permitted and it is not limited to the damages or recovery of the land's value with the aim to compensate the loss of use.
Proprietary rights are more durable than personal right.
Personal rights are rights in personam.
Personal rights are enforceable against the person who granted the rights at the first place.
If the personal rights being revoked, the holder of the personal rights may be entitled to damages but unable to recover the possession / or the use of the land.
Personal rights are less durable than proprietary rights.
No piece of land is the same
Land is a unique commodity
Land is expensive
A person who enjoys specific right over a land refuse to let the rights lose due to the change in the ownership of the land.
If the right is lost, land could loss the market value.
For instance, in the case of land locked land with a right to access the land via another land owned by another.
The purchaser may be interested to invest in the land if there is an assurance that the route to access the land via another land could be exercised by him regardless of any changes to the ownership of the land over which it is exercised.
Without any assurance, the future owner of the land may deny access to the land locked land via his / her land.
As a result the land locked lose it market value.
Proprietary rights are rights which affect the land.
Proprietary rights are rights governing the ability of the people to use and enjoy the land.
Proprietary rights have a broad spectrum.
Proprietary rights may be narrow such as the rights to fish.
Proprietary rights may also be wide covering the ability to use and enjoy the land.
Proprietary rights will cover what you can or cannot do on the particular land you physically posses such as the ability to perform a business in the land.
Proprietary rights will cover what you can or cannot do on the particular land physically posses by another such as restriction on building or rights of way.
Proprietary rights are various and in a piece of land, people may have various proprietary rights such as one person has right to physically posses it, another a right to restrict the building and another a right to walk over it.
Proprietary rights will be enforced against everyone who may come to the land where the rights are exercised and not just limited to the person who exercised or granted it.
Learn the facts about property law.