Land - Concepts

Question 0

Leigh v Taylor

Answer 0

Tapestries
Nailed to boarda
Display only

Were chattels (personalty - passed under will)

Question 1

Botham & others v TSB Bank Plc

Answer 1

Reaffirmed

1) fixtures are a part of the land and pass with title
2) degree of annexation important in deciding if chattel or fixture.

Also considered

• intention of installer
• the purpose - permanency intended
• possibility of disconnection without damage to fabric of building.

Question 2

Elitestone Ltd v Morris

Answer 2

Chalet bungalow
On concrete blocks
If removed would be destroyed

A fixture

Question 3

D’Eyncourt v Gregory

Answer 3

Statues and garden seat
Resting on own weight but
Part of architectural design of property

Fixture

Question 4

Holland v Hodgson

Answer 4

Looms in a mill

Fixture (mortgagee entitled to sell)

Question 5

Berkley v Poulett

Answer 5

Pictures, marble statue and sun dial
Not part of design

Chattel