Land Law Assignment Solution

Added on - Apr 2020

Trusted by 2+ million users,
1000+ happy students everyday
Showing pages 1 to 2 of 4 pages
Running head: LAND LAWLand LawName of the studentName of the universityAuthor note
1LAND LAWIssueThe issue in the case is to determine the character of the objects which are present in theproperty, whether they are fixtures or chattels.RuleThe law of fixtures in property law is found with the Maxim ‘quicquid plantatur solocedit’. This means that whatever is attached to the land becomes a part of the land, thereforechattels which are fixed to the land also become its parts and lose its character as a chattel andpasses with the ownership of land to the new owner.In the case ofHolland v Hodgson (1872), it had been ruled by the court that thedifference between a chattel and a fixture is determined by analyzing the degree to which thething is physically attached to the land. A think which is more permanently and less irreversiblyattached to a land is likely to considered as a fixture.In the case ofWiltshear v Cottrell (1853) 1 E & B 674andWalmsley v. Milne (1859)it had been ruled by the court that when a thing is attached to the premises in order to enhance itsvalue it is to be regarded as a fixture.The gravity test as provided in the case ofHulme v Bingham (1943) KB 152stated thatany heavy machinery which is not attached to the land but lies because of its own weight isconsidered as a chattel. InBotham v TSB Bank PLC (1996)it was stated by the court thatappliances which remain in position because of their own weight or are fixed electrically are tobe considered as chattel.
Desklib Logo
You are reading a preview
Upload your documents to download or

Become a Desklib member to get access