Land law Essay Example | Topics and Well Written Essays - 3000 words

Land law - Essay Example e disputes are likely to occur when the forms are incomplete or absent, as was the case in TSB Bank Plc v Botham.3 This aspect was also applied in the Taylor case, where it was held that the time for assessing whether an item is a fixture or chattel is at the time of contracting, otherwise it could amount to concealment. Therefore, a great deal will depend upon the contents of the mortgage contract Freddy has with Lords Bank and whether or not it has been specified that certain items will not be considered fixtures for purposes of the contract. When the question concerns the determination of whether or not an item belongs to a house, then it must be such that it becomes a part of the land itself. The case of Elitestone Ltd v Morris4 demonstrates this principle. In this case, the property in question was a house that had been prefabricated and stood on cement pillars so it was viewed as personal property (chattel) by the Court of Appeal. However, when the case went to the House of Lords, it was held that a removal of the building would have entailed its destruction, therefore the building was a part of the land itself and could not be removed. However, in the case of Chelsea Yacht and Boat Club v Pope5 , a house on a barge that was attached at the side through gas and electricity cables, was not deemed to be a part of the land, but was considered personal property that could be removed. Therefore, when the position on fixtures/fittings has not been clearly specified in the contract, the most important aspect in the determination of whether an item is removable or not will depend upon the extent to which it is considered to be a part of the property itself. Applying this distinction therefore, items which become a part of the house will be considered to be fixtures and will not be removable. However, items which do not become part of the house but are removable will be considered fittings and they can be removed. For example, in the case of Berkeley v Poulett6