chattels or part of the land

Question 1

elements and from what case

Answer 1

holland v hodgenson
1. degree of annexation to the land - varying importance depending on size/type of chattel\
2. purpsoe of annexation to the land - intention is crucial, but objective

Question 2

onus

Answer 2

• if not physically attached, presumed to be a chattel (x to prove part of land)
• if physically attached, presumed to be part of land (y to prove it is chattel)

Question 3

elitestone v morris

Answer 3

• e leased plot to tenants who built a bungalow on the land
  1. degree of annexation
• rested on concrete piles, for bigger more care about purpsoe
  2. purpose of annexation
• would be destoryed if removed, doenst matter what parties intended, was affixed to land

Question 4

lockwood buildings

Answer 4

showhome on land
degree - nailed into land, attcahed to water and electrictiy
purpsoe- took alot of common subj intentions, sale w showhome on land? what avergae buyer thought
held - show home was part of land

Question 5

london borough of tower hamlets

Answer 5

statute in town square
degree - reseted on own weight no affixed
purpsoe- it could b removed withoit damage, valuenot based on where placed
held - it was a chattel

Question 6

potton developments

Answer 6

p made large box units come fully furnished, made off site delivered by lorry and crane
degree - nialed into ground and touched up to look perm
prupsoe - touch ups were cosmetic, designed for easy removal and delivery
held- chattels

Question 7

queenstwon central v march

Answer 7

large mound of earth store on land, covered w topsoil and grass, was tehre for years
- considering the resource consent required the soil to be moved it was a chattel, reasoanble viewer informed of the backgorund appraoch

Question 8

ratana

Answer 8

house on MFL , funded through house corp
under deed, to remain chattel and property of house corp if r failed to pay debt
debt is repaid and couple die
hosue became a fixtire, h ratana will did not change the fact the hosue had become a fixture

Question 9

lake edge developments v kawaru

Answer 9

rock anchors built into the ground to support the hotels infrstructure, nessacry for resource consent
anchors clearly became part of the land