Fixtures and Fittings
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- Created by: Edward
- Created on: 29-02-16 11:12
Bernstein Leigh v Skyview (1978)
The airspace up to a reasonable height ‘as is nec for the ordinary use and enjoyment of his land and structures upon it’ is included
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Kelsen v Imperial Tobacco (1957)
If interfered with, it may give rise to an action in trespass/nuisance
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Roseberry v Rocklee (2011)
Re block of flats, there is no presumption in any lease of, or including, a roof that it extends upwards to the full height of the airspace available to the lessor
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Lemon v Webb (1895)
If a 3rd party enters into the prop owner’s airspace, they will be guilty of trespass regardless of whether any damage is caused to the prop
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Ellis v Loftus Iron (1874)
Shows strict rule re trespass of lower airspace due to difficulty in keeping horse’s head from crossing line of the fence
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Anchor Brewhouse (1987)
Scott J granted injunction to prevent invasion of landowner’s airspace by the booms of the tower cranes of the def’s, but suspended inj for 21 days
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Woolerton (1970)
Inj was suspended for 12 months to allow building work to be completed
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Jaggard v Sawyer (1995)
Where an inj’n is granted to restrain invasion of airspace, it is generally inapprop to suspend the inj’n
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Grigsby v Melville (1974)
A person who purchases land acquires everything that lies below its surface
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Mitchell v Moseley (1914)
Minerals and other substances in the land (e.g. stone, sand and gravel) at common law, belong to the land owner
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Bocardo SA v Star Energy (2011)
A trespass occurred by the drilling if wells for petroleum and the laying of pipelines 2,900ft below C’s land
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Lord Bernstein
Invasion of airspace in the higher stratum does not amount to a trespass
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Kelsen v Imperial Tobacco
The owner has rights over his airspace – invasion of the airspace at the lower stratum (portion of airspace extending to about 200m above roof level), prima facie, amounts to trespass
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Taylor v Hamer (2003)
The buyers argued successfully that fixtures to be included in a sale were determined even earlier – at the time when the property is offered for sale
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Mancetter Developments v Garmanson (1985)
Any damage to the property arising from the removal of these fixtures must be made good
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Elwes v Brigg (1886)
Any objects embedded in land are presumed, in the absence of the true owner, to be within the ownership of the landowner and not the finder
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Waverley BC v Fletcher (1995)
Council had better title to gold broach than did the finder whose actions in digging out the ground amounted to trespass
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Parker v BA Board (1982)
Rule in Elwes does not apply to unattached items found lying on surface of the land
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HE Dibble v Moore (1970)
Moveable greenhouses (standing on their own weight on dollies which were NOT fixed to the ground) did not pass to new owners under s 62
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Skerrits v Sec of State (2000)
A substantial marquee which was erected each year and remained on site from Feb to Oct was a sufficiently perm structure and categorised as a ‘building’
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Elitestone v Morris (1997)
Free-standing wooden chalet built by tenant’s predecessor in title, which rested on concrete pillars was a permanent structure as it could only be used in situ and thus formed part of the land
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Chelsea Yacht v Pope (2000)
Floating home was not a building as it did not form part of the land to which it was moored
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Wessex Reserve v White (2006)
A portable shed did not have sufficient degree of permanence to be a building and was thus not part and parcel of the land
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Holland v Hodgson (1872)
There are 2 general tests for distinguishing between fixtures and chattels: degree of annex’n and purpose of annex’n
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Berkeley v Poulett (1976)
In modern times, the emphasis has moved away from such a rigid rule and rests now upon why the item was intro’d on to the land (i.e. purpose test)
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Holland v Hodgson (1872)
THE MORE FIRMLY FIXED AN OBJECT IS TO THE PROPERTY, THE MORE LIKELY IT IS TO BE A FIXTURE
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Hulme v Brigham (1943)
An object resting on its own weight regardless of size and manoeuvrability will be a chattel
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Hamp v Bygrave (1983)
When the purpose test is inconc, whichever presumption is chosen is likely to be decisive of whether an item is a fixture or not
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Re Whaley (1908)
An Elizabethan tapestry in an Elizabethan house was a fixture
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Elitestone v Morris (1997)
Basic q’n= whether the item is there in order to be a permanent improvement, or is intended instead to be a temporary installation
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Re Falbe (1901)
The court was primarily concerned with obj intentions and not the actual subj intentions of the person who brought the item on to the land
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Leigh v Taylor (1902)
Tapestries secured to a wall remained chattels as there was nothing to indicate that they were to be a permanent attachment
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D’Eyncourt v Gregory (1866)
Freestanding marble ornaments is regarded as fixtures because they formed an integral part of the landscaped garden
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Brudenell-Bruce v Moore (2012)
The paintings were NOT attached to the prop for the purpose of its permanent beautification
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Viscount Hill v Bullock (1897)
Stuffed birds secured in display cabinets were NOT fixtures because it could not be said that a dead bird could form part of the land and the mode of attachment was for disply purposes rather than to effect a permanent improvement
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Other cards in this set
Card 2
Front
If interfered with, it may give rise to an action in trespass/nuisance
Back
Kelsen v Imperial Tobacco (1957)
Card 3
Front
Re block of flats, there is no presumption in any lease of, or including, a roof that it extends upwards to the full height of the airspace available to the lessor
Back
Card 4
Front
If a 3rd party enters into the prop owner’s airspace, they will be guilty of trespass regardless of whether any damage is caused to the prop
Back
Card 5
Front
Shows strict rule re trespass of lower airspace due to difficulty in keeping horse’s head from crossing line of the fence
Back
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