fixtures and chattels-problem questio

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Land law                

Word guideline: 2000 words

Submission date: Thursday 16 November 2006

Hand back during week commencing: 11 December 2006

Title:

Siegfried has recently sold the freehold of his house, Crown Villa to Boris. When Boris moved in yesterday he discovered that Siegfried had removed the following items:

  1. a bathroom mirror with integrated lighting;
  2. a microwave oven which had been situated in an alcove in the kitchen;
  3. a free standing cupboard which had been in the utility room and
  4. A large summer house which had been adjacent to the rockery at the bottom of the garden.

Advise Boris whether he can demand the return of these items.

How might your advice differ if Boris had been the landlord and Siegfried the tenant of Crown Villa, and Siegfried had just vacated the property taking these items with him

This question requires the discussion of what items fall within the classification of the legal definition of land

This question requires the discussion of what items fall within the classification of the legal definition of land.

Land Is defined in s205 (1) (ix) Law of property Act 1925 as

“’Land’ includes land of any tenure and mines an minerals, whether or not held apart from the surface buildings of parts of buildings (whether the division is horizontal, vertical or made in some other way) and other corporeal hereditaments, also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege or benefit in, over or derived from land…

When selling the freehold estate in the land, the contract will automatically include everything which counts as land. Therefore should a seller wish to retain and remove such a fixture, this should be specifically excluded within the contract of the sale.

In order to establish whether the items removed by Siegfried could be demanded back by Boris the items must be considered in turn, to determine whether they remain chattels, become fixtures or become part and parcel of the land. Items falling within the scope of the latter two fall within the definition of land.    

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A fixture is anything which is physically (but not necessarily legally) removable and makes a permanent improvement to the land. A chattel is an item brought onto the land but does not become part of the land.

The general rule as to what is a fixture is expressed in the Latin phrase quicquid plantatur solo, solo credit, his is whatever is attached to the soil becomes part of the soil.

In deciding whether the bathroom mirror with integrated lighting is a fixture or chattel two factual tests as highlighted in Holland v Hodgson (1873) LR 7 CP ...

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Good essay content wise. The author would benefit from a clearer structure as the essay is quite hard to follow. The law on tenant's fixtures is also slightly muddled in places.