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Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 2.4 (Part 2)


Planning Your Answer

Issues

Was Jack entitled to remove the statue, the shed and the fitted carpets?

Rules

  1. What is included in a sale of ‘land’?
    (See Land Law, Sections 2.2.1 and 12.5.1(d)).
  2. Distinguishing between fixtures and chattels.
    (See Elitestone Ltd v Morris; Holland v Hodgson; Botham v TSB Bank plc; Chelsea Yacht & Boat Co v Pope; Mew v Tristmire; etc.)

Answer Plan

  1. Introduce the issues, the key concepts and why they are important.
    • The distinction between fixtures and chattels.
    • Why this distinction is significant in this case.
    • A brief summary of the basic rules for recognizing a fixture.
  2. Apply these rules to each of the items in turn.
    This is where you need to consider the rules in more detail, including the specific reasoning used in the decided cases. Does this reasoning apply here? With what result? What further issues does applying a particular case raise, if any?
    1. The statue.
    2. The shed.
    3. The fitted carpet.
  3. Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning in 2(a-c).

Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.

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