The Importance of Certainty Regarding Fittings and Contents

October 20, 2017

There are many who may think that a conveyance of “land” refers plainly to the ground beneath us. Whilst sometimes this may be the case, more often than not there are multiple factors covered by the term “land,” when dealing with the buying and selling of property. It is therefore important that all parties involved are aware of what exactly is, and what is not, included in the transaction.

Transparency as to what exactly is ‘owned’ is an important aspect of any conveyance. This is where a Fittings and Contents Form becomes essential. It was stated in the Law of Property Act 1925 that ‘a conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures… attached to the land… as far as a contrary intention is not expressed in the conveyance and has effect subject to the terms of the conveyance.’

Why is the form needed?
Consequently, this form compiles a list of objects which are either to be removed from, or kept in the property upon completion of the conveyance. A Fixture forms part of the land and is attached to it, for example a fitted wardrobe would be a fixture. Due to this they are included in the contract unless the seller specifically states that they are not to be. A Fitting however does not form part of the land, so the parties to the contract may agree that an additional fee may be added in order to include such items in the sale.

A solicitor in a conveyance should ensure that their client is happy with the inclusions in the transaction and that an agreement can be made between parties regarding the objects in order to maintain a smooth conveyance. Any matters in dispute should be raised by the solicitors as soon as possible, as the Fittings and Contents Form then forms a part of the contract.

Although this may sound like a more manageable and easily understandable aspect of the conveyancing process, it is nevertheless an import one to get right. Parties to the contract should ensure that they are thorough when considering these objects so as to remove any practical complications come completion day and introduce certainty to the conveyance.

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