Estates, Actual Occupation and Fixtures/Chattels

Question 1

Which case states that a lease which fails to be legal can be ‘saved’ as an equitable lease if it meets the requirements of an estate contract?

Answer 1

Walsh v Lonsdale - Equity sees as done that which ought to be done.

Question 2

Which case confirms ss2/27 LPA 1925 regarding overreaching? What criteria must be met?

Answer 2

City of London v Flegg.

1. Buyer must be purchasing a legal estate.
2. Buyer must pay money to all trustees.
3. Trustees must be 2 or more in number, or a trust corporation.

Question 3

What type of interest in land must a claimant have to be deemed in ‘actual occupation’? What type of right will not suffice? Case.

Answer 3

Must be a proprietary interest, so not a license or home rights under s30 FLA 1996 - Williams & Glyn’s Bank v Boland.

Question 4

Will actual physical presence constitute actual occupation? Case.

Answer 4

Yes - Williams & Glyn’s Bank v Boland.

Question 5

Will visiting land to supervise renovations constitute actual occupation? Case.

Answer 5

Yes - Lloyds Bank v Rosset.

Question 6

Will parking a car in the garage constitute actual occupation? Case.

Answer 6

Yes - Kling v Keston. This is the intended use of that land.

Question 7

Will temporary absence prevent a finding of actual occupation? Case.

Answer 7

Not if there is evidence of ongoing intention to occupy, e.g. furniture & belongings still there - Chhokar v Chhokar.

Question 8

Will preparatory steps towards occupation, e.g. putting curtains up, constitute actual occupation? Case.

Answer 8

No - Abbey National v Cann.

Question 9

If a contract for sale is silent on whether certain items are a fixture or a chattel, what test is applied? Case.

Answer 9

Berkley v Poulett.

1. Method and degree of annexation. If movable, presumption of chattel.
2. 1st test can be rebutted with object and purpose of annexation. Is it intended to enhance the realty?

Question 10

Will something which forms part of the architectural design of the land be a fixture or a chattel? Case.

Answer 10

Fixture - D’Eyncourt v Gregory.

Question 11

Will a plinth/statue on top be a fixture or a chattel? Case.

Answer 11

Plinth - fixture; statue - chattel - Berkley v Poulett.

Question 12

Will a structure which can be easily dismantled, e.g. a shed, be a fixture or a chattel? Case.

Answer 12

Chattel - Elitestone v Morris.

Question 13

Will white goods, carpets, curtains etc be a fixture or a chattel? What about fitted appliances and taps? Case.

Answer 13

White goods, carpets, curtains - chattels; fitted appliances and taps - fixture - Botham v TSB.