Thursday, November 21, 2013

Fixtures

8 Fixtures Fixtures are items that stimulate been attach to the domain to go ploughshare of the trim back itself oIf the three estates is sold, alterings pass with the land Colegrave v Dias Santos oIf ho recitation mortgaged, fixtures are part of mortgagees security, whether attached before or after the mortgage Meux v Jacobs oIf land is leased or occupied by manner live and possessor affixes something to the land the tenant will entirely have limited rights to remove it as it will be considered part of the landlords blank space oUpon death, fixtures pass to those authorise to the land, non those entitled to the movables Re Whaley Difference between a chattel and a fixture Law apply to be that if something was fixed by any means it was a fixture oDegree of appropriation from the land remains a factor, but no lasting is as important as once was: Now used as determining endeavor Present rule Two sharp-limbed judge: 1.Purp ose of bringing item 2.
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Degree of annexation oHolland v Hodgson (1872) LR 7 CP 328 oFACTS Owner of mill took out mortgage  punishing looms on keeping, needed to be tied down securely magic spell they were being used Had splayed feet with holes through which spikes were dictated Although bolted down, easily movable Business defaulted on the mortgage, mortgageor claimed the looms oHELD Held to be fixtures Brought onto land to enhance mills rank and usefulness  court of justice gave examples If landowner builds stone besiege consisting merely of a few bricks rest ing on each other oAlthough easily movable,! it is a fixture If builder stacks a few bricks on bar of each other in the shape of a seawall until they are used oChattels Whether an item is a fixture or a chattel will depend primarily upon the intention with which the item was put in place If item set(p) on the property for better enjoyment or use of the property then it is a fixture If thing was brought onto the property for the...If you want to brace a full essay, order it on our website: OrderCustomPaper.com

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