Problem question in Land Law Essay Example | Topics and Well Written Essays - 750 words

Problem question in Land justice - Essay Exampletest (exploring the degree of the items attachment to the ground), and the degree of annexation, (the removability) argon the briny legal tests that would be employed to determine who between K and V should have the rights over the sculptors.Chattels that are physically erected on the earthly concern will be considered as fixtures (Luther, 2004 Essert, 2013). In this case, K physically delve the sculptors, the studio and the greenhouse in the piece of land. Some of the properties rest on dug concrete plinths, musical composition others are attached to similar concrete plinths with heavy metal bolts in a manner that process them more of fixtures than chattels (Holmes, 1940 Burn, Cartwright, & Maudsley, 2009). In light of their attachment, V can validly lay claims for the items as being dowry of the land.Vs claims are supported by the verdict in the case of Holland v Hodgson (1872) LR 7 CP 328, in which the court held that the rel atively temporary looms placed on stone foundation were no extended chattels and had been mortgaged with the land as one property (McFarlane, Hopkins, & Nield, 2012 Kearney & Merrill 2013). In the case of Elitestone v Morris 1997 1 WLR 687, the dramaturgy of Lords followed the precedent set in Holland, holding that a bungalow resting concrete pillars was part of a real estate since the degree of annexation was low. Williamson (2004) has said that in determining whether an item is a chattel or a fixture courts base their argument on the intent of the property owner.Following the ruling in Holland, chattels which are placed on a piece of land to enhance meliorate enjoyment of the items in question remain fittings or while the those which are intended to improve the suitable use of the piece land should be considered as fixtures (Hamza, 2011 Hutchinson, 2010). In light of the argument, Ks studio, the greenhouse and the strategically-placed sculptors would be considered as better us e of the piece of land, hence they are fixtures and should be legally retained by V. In