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Troubled waters? The classification of items on land

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01 October 2021 / Edward Peters KC , Julia Petrenko
Issue: 7950 / Categories: Features , Property
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Edward Peters & Julia Petrenko discuss a legal tussle over a boathouse which serves as a useful reminder of the classification of items on land
  • Covers Royal Parks Ltd v Bluebird Boat, a recent case about ownership of the Boathouse on the Serpentine in Hyde Park.

Property practitioners will no doubt be familiar with the classification of objects brought onto land as falling within one of three categories: chattel; fixture; or part and parcel of the land. Many practitioners may also be familiar with the Serpentine Lake in Hyde Park, where visitors can hire a pedalo or rowing boat. Royal Parks Ltd v Bluebird Boat [2021] EWHC 2278 (TCC), [2021] All ER (D) 38 (Aug) concerned a dispute as to the ownership of the boathouse and jetties (‘the Boathouse’) on the Serpentine. Following an expedited trial, O’Farrell J held, by reason of the extent of annexation of the building to the land, and the purpose of its design and construction as a permanent enhancement

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