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Cards In This Set
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Fixtures and Chattels.degree of annexation/object of annexation test.looms = fixtures
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Holland v Hodgson
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Fixtures and Chattels.Heavy statue not fixed to the ground except by its own weight: chattel
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Berkley v Poulett
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Fixtures and Chattels.Ornaments were part of architectural design of the house, were fixtures
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D'Eyncourt v Gregory
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Fixtures and Chattels.bungalow resting on concrete blocks was fixture. Relevant factors: intention that it shoud be part of the land, damage on removal
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Elistone v Morris
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Fixtures and Chattels.Tapestry was a chattel, even if fixed to wall. Annexed only to enjoy the object itself points to chattel.
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Leigh v Taylor
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Fixtures and Chattels.Printing machines were chattels, were only fixed to the ground in order to stabilize the motor.
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Hulme v Bingham
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Old law as to contracts in land, accepted oral contracts
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LPA 1925 s40
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No express reference to a second document for contract in land. Main document, not subsidiary, must be signed.
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Firstpost Homes
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Commercial lease and separate agreement to refit shop. Only lease agreement needs to fit s2 formalities
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Tootal Clothing Ltd v Guinea Props Ltd
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If one party thinks that two contracts relating to land are co-dependent, both should fit the s2 formalities
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Grossman v Hooper
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Proprietary EstoppelPromised rights over flats for services. PE accepted.
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Yaxley v Gotts
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Prop. EstoppelPlanning permission and expenses, but then person doesn't want to sell house anymore. Here agreement was too vague, company, not individual?. PE not accepted.
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Yeoman's Row Management v Cobbe
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Shooting on rough land was enough to mount to factua possession
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Redhouse Farms v Catchpole
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Lord Browne-Wilkinson: for adverse possession, need factual possession and animus possendi. Intention to possess, not necessarily own.
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J.A. Pye (Oxford) Ltd v Graham
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Possession of a wall. For adv. possession, must be clear outward conduct.
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Prudential Assurance Co Ltd v Waterloo Estates
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