Fixtures

Question 1

Elitestone Ltd v Morris

Answer 1

Facts:
- Tenants construct bungalows on the land which rest by their own weight - not particularly attached to the land
Held:
- In this case bungalow = part and parcel of the land itself
- Alternative category to fixture but still part of the land
- Consider the purpose of and degree of annexation
- “In the case of a large object, such as a house, the question does not often arise. Annexation goes without saying”

Question 2

Melluish v BMI

Answer 2

Facts:
- Company installed certain things
- Acted as if still belonged to them
Held:
- Outside parties would have said it was part of the land
- Intention not relevant to a large extent, substance is more important

Question 3

London Borough of Tower Hamlets v London Borough of Bromley

Answer 3

Facts:
- Sculpture placed on council land, both councils wanted it
Held:
- “the sculpture, which was originally a chattel, remained a chattel and never formed part of the realty”
- The sculpture is an entire object by itself
- It might adorn or beautify a location, but it was not in any real sense dependant upon that location.

Question 4

Lockwood Buildings Limited v Trust Bank Canterbury

Answer 4

Fact:
- Show home errected on land subject to mortgage
- Trust bank sued that it was part of the land
Held:
- “The show home was a fixture. In my view this court can go no further towards giving certainty to an inherently uncertain subject than to say that the Blackburn approach should be adhered to in cases of real doubt…”

Question 5

Potton Developments Ltd v Thompson, unreported - UK

Answer 5

Large box units nailed to the ground and made cosmetically to look like part of the land.
Business models were to remove them.
Held to be chattels.

Question 6

Queenstown Central Ltd v March Construction Ltd

Answer 6

Common sense approach required.
Chattel
Resourse consent required soil to be removed

Question 7

Ratana v Tihi

Answer 7

House had become a fixture
- Deed said it was to remain fixture
- But still found to be a chattel

Question 8

Lake Edge Developments Ltd v Kawarau Village Holdings Ltd

Answer 8

Rock anchors in ground, clearly part of the land

Question 9

Holland v Hodgson

Answer 9

Held:
3 factors that we can use for a bit of an objective test:
- Method and degree of attachement +
- Intention
- Onus of proof