Land law Essay Example | Topics and Well Written Essays - 3000 words - 1

Land law - Essay Examplecontract for the sale of freehold land, there is a presumption that the contract will automatically include everything which legally constitutes land2. Accordingly, whether or not Ming was entitled to remove the sign depends on whether the sign can validly constitute land or whether it constituted a chattel, which doesnt fall within the scope of land3.The classic definition of a fixture is anything which is physically (but not necessarily legally) extractable and makes a permanent improvement to the land4. Conversely, a chattel is an item brought onto the land, which doesnt become jump of the land5.The general rule regarding fixtures is that whatever is attached to the soil becomes part of the soil6. In determining whether the sign is fixture or a chattel, it will be necessary to apply the two factual tests as extrapolated by Blackburn J in the case of Holland v Hodgson7, namely the degree of annexation test and the purpose of annexation test.The degree of annexation test requires that the object be even to or connected with the land in some way for there to be a presumption that it is a fixture8. For example, in the case of Hamp v Bygrave9 it was held that bench lights that were attached to the wall of the house were fixtures. Moreover, if an object is not fixed, but merely rests on its own weight, there will be a presumption that it is a chattel10. If we apply this by analogy to the current scenario, the sign had hung from a post, which if resting on its own weight will lead to a presumption of it being a chattel.However, the presumption can be rebutted on the basis of the purpose of the annexation test. In the case of Elitestone Limited v Morris11 Lord Clyde asserted that this test problematic a consideration of the purpose which the object is serving and not the purpose of the someone who put it there12. As such, the test is objective and is concerned with the intention of the person who put the object on the land. It further