Distinguishing marks
Roberts, Philip
Distinguishing marks - 2006 - Estates Gazette (0613) 1 April 2006, 136-137(2) .
This "Mainly for students" article focuses on why the differentiation between fixtures and chattels is highly relevant in determining the extent of land sold or leased. Discusses the basic distinction between a fixture which is treated as forming part of the land and a chattel which retains its independence from the land. Considers the tests used by the courts to determine the status of an object: the degree of annexation and purpose. Refers to the modern distinction of a third category of objects: part and parcel of the land itself. There is also a subdivision of fixtures called landlord's fixtures which are those fixtures annexed to the land by the landlord during the tenancy. Provides further reading.
WESSEX RESERVE FORCES AND CADETS ASSOCIATION V WHITE AND ANOTHER
MANCETTER DEVELOPMENT LTD V GARMANSON LTD
ELITESTONE LTD V MORRIS
BERKLEY V POULETT
LEIGH V TAYLOR
TSB BANK PLC V BOTHAM
Distinguishing marks - 2006 - Estates Gazette (0613) 1 April 2006, 136-137(2) .
This "Mainly for students" article focuses on why the differentiation between fixtures and chattels is highly relevant in determining the extent of land sold or leased. Discusses the basic distinction between a fixture which is treated as forming part of the land and a chattel which retains its independence from the land. Considers the tests used by the courts to determine the status of an object: the degree of annexation and purpose. Refers to the modern distinction of a third category of objects: part and parcel of the land itself. There is also a subdivision of fixtures called landlord's fixtures which are those fixtures annexed to the land by the landlord during the tenancy. Provides further reading.
WESSEX RESERVE FORCES AND CADETS ASSOCIATION V WHITE AND ANOTHER
MANCETTER DEVELOPMENT LTD V GARMANSON LTD
ELITESTONE LTD V MORRIS
BERKLEY V POULETT
LEIGH V TAYLOR
TSB BANK PLC V BOTHAM