100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Land Law - Fixtures and Chattels (Exam Plan) $8.05   Add to cart
Quickly navigate to
Preview
  2.  
  3. GDL
  4.  
  5. GDL
  6.  
  7. GDL

Exam (elaborations)

Land Law - Fixtures and Chattels (Exam Plan)

1 review
 22 views  0 purchase
  • Course
  • GDL
  • Institution
  • GDL

These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). This document is written in the form of step-by-step exam plans. Compared to standard n...

[Show more]

Preview 1 out of 3  pages

Document information

  • July 20, 2023
  • 3
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers

Subjects

  • land law
  • land
  • law
  • gdl
  • pgdl
  • fixtures
  • chattels
  • property law
  • property

Written for

  • GDL
  • GDL
  • GDL
All documents for this subject (73)

1  review

review-writer-avatar

By: akatiesutton • 8 months ago

Seller

avatar-seller
lawnotes08

Reviews received

Content preview

Land Law - Fixtures and chattels

N.B. FOR ALL QUESTIONS, ASSUME LAND IS REGISTERED UNLESS
EXPRESSLY TOLD OTHERWISE

[STEPS 1 and 2] Contextualise the problem & Define

If the contract for sale between [INSERT RELEVANT PROPERTY AND BUYER] is
silent on what is included in the sale, whether the objects pass with the land depends on
if they are fixtures or chattels.

Fixtures form part and parcel of the land, and must remain with the land when sold.

Chattels are moveable property that does not form part of the land. The seller will be
free to take them if the land is sold.

A two limb test must be applied to determine whether an item is a fixture or a chattel
(established in Berkley v Poulett):

1) The degree and method of annexation
2) The object and purpose of annexation (as applied in Leigh v Taylor; D’Eyncourt v
Gregory)

[INSERT OBJECT AS TITLE]

Degree and method

We must look at how, and how securely, something is fixed to the land.

[IF FIXED] If an item is attached to the soil, or securely affixed to the land in such a way
that it would cause damage if removed, there is a rebuttable presumption of fixture.
[INSERT OBJECT] will be presumed to be a fixture given that [EXPLAIN HOW THEY
ARE FIXED TO THE LAND] (similar to the [INSERT OBJECTS IN CASE] in [INSERT
AUTHORITY FOR SIMILAR OBJECT FROM EXAMPLES BELOW]).

[IF FREESTANDING] If an item is freestanding and easily removed, it raises the
rebuttable presumption of chattel. [INSERT OBJECT] will be presumed to be a chattel
given that [EXPLAIN HOW THEY ARE FREESTANDING] (similar to the [INSERT
OBJECTS IN CASE] in [INSERT AUTHORITY FOR SIMILAR OBJECT FROM
EXAMPLES BELOW]).

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lawnotes08. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $8.05. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

83637 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$8.05
  • (1)
  Add to cart