1 - concepts Flashcards
Degree of annexation - looms fixed by nails. Held = fixtures
Holland v Hodgson
Starting point for Fixtures v Chattels cases. Held = fixture because Bungalow would need to be demolished
Elitestone v Morris
Greenhouse not considered a fixture - should be moved often
Dibble v Moore
In contrast with Elitestone v Morris. Court took a number of factors into consideration
Botham v TSB Bank
Contrast with Elitestone - holiday home was held to be a chattel
Caddick v Whitstand Bay Holiday Park
P entitled to everything on land at exchange of contracts unless specifically stated otherwise
Taylor v Hammer
Purpose of annexation - heavy garden furniture included in sale because it was included in marketing and on land at the time of sale
Hamp v Bygrave
Tapestries nails to wall to enjoy them = chattel
Leigh v Taylor
Tapestries = fixtures because they were integral to décor. Lions heads fixtures because part of architectural design
D’Eyncourt v Gregory
Cellar belonged to claimant once house had been split in two.
Grigsby v Melville
No action for trespass where interference with upper airspace - only need enough for ordinary use and enjoyment of the land. Aerial pics
Baron Bernstein of Leigh v Skyviews
Trespass where extracting oil deep below surface
Bocardo SA v Start Energy UK