Ask a question from expert

Ask now

Land Law Assignment Solution - Desklib

4 Pages841 Words648 Views
   

Nottingham Trent University

   

Added on  2020-04-15

Land Law Assignment Solution - Desklib

   

Nottingham Trent University

   Added on 2020-04-15

BookmarkShareRelated Documents
Running head: LAND LAWLand LawName of the studentName of the universityAuthor note
Land Law Assignment Solution - Desklib_1
1LAND LAWIssue The issue in the case is to determine the character of the objects which are present in theproperty, whether they are fixtures or chattels. Rule The 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 of Holland 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 of Wiltshear v Cottrell (1853) 1 E & B 674 and Walmsley 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 of Hulme v Bingham (1943) KB 152 stated thatany heavy machinery which is not attached to the land but lies because of its own weight isconsidered as a chattel. In Botham 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.
Land Law Assignment Solution - Desklib_2

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Law of Properties and Land
|42
|11535
|97

Property Law Study Material with Solved Assignments and Essays - Desklib
|7
|1701
|374

GFTF Solicitors: Understanding Fixtures and Fittings in Property Law
|10
|2689
|187

Doctrine of Quicquid Plantatur Solo, Solo Cedit in Land Law
|12
|3923
|141

Specific Performance and Corporate Social Responsibility: A Case Study of Cadbury Company
|6
|1788
|213

Assignment Solution on Business Law (pdf)
|9
|2342
|28