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Flashcards in Land - Concepts Deck (6)
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Botham & others v TSB Bank Plc

Reaffirmed
1) fixtures are a part of the land and pass with title
2) degree of annexation important in deciding if chattel or fixture.

Also considered
- intention of installer
- the purpose - permanency intended
-possibility of disconnection without damage to fabric of building.

1

Leigh v Taylor

Tapestries
Nailed to boarda
Display only

Were chattels (personalty - passed under will)

2

Elitestone Ltd v Morris

Chalet bungalow
On concrete blocks
If removed would be destroyed

A fixture

3

D'Eyncourt v Gregory

Statues and garden seat
Resting on own weight but
Part of architectural design of property

Fixture

4

Holland v Hodgson

Looms in a mill

Fixture (mortgagee entitled to sell)

5

Berkley v Poulett

Pictures, marble statue and sun dial
Not part of design

Chattel