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3 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is the degree of annexation test? |
The greater degree of attachment the more likely to be a fixture |
Holland v Hodgson (1872), although look at Hulme v Brigham (1943) - item immovable due to own weight still chattel! |
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What is the purpose of annexation test? |
Does the object enhance the land or is it for personal benefit? |
Compare Leigh v Taylor (1902) with Re Whaley (1908) - both concerning tapestries but why different outcomes? Also look at D'Eyncourt v Gregory (1866) - garden ornaments and Botham v TSB Bank plc (1996) - modern household items. Would removal damage fabric of building? Common sense approach - Elitestone v Morris (1997) |
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When does the law allow a right to remove fixtures? |
1) Tenants trade fixtures 2) Ornamental and domestic fixtures - only if wont cause substantial damage 3) Agricultural fixtures 4) Fixtures pass to mortgagee even if not mentioned in deed 5) Between life tenant and remainder men (pass to freeholder) |
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