Problem question in Land Law Essay Example | Topics and Well Written Essays - 750 words

Problem question in Land Law - Essay Exampletest (exploring the degree of the items concomitant to the ground), and the degree of annexation, (the removability) are the main legal tests that would be employed to determine who between K and V should have the rights over the sculptors.Chattels that are physically erected on the take will be considered as fixtures (Luther, 2004 Essert, 2013). In this case, K physically dug the sculptors, the studio and the greenhouse in the piece of land. Some of the properties rest on dug cover plinths, while others are attached to similar concrete plinths with heavy metal bolts in a manner that make them more of fixtures than chattels (Holmes, 1940 Burn, Cartwright, & Maudsley, 2009). In light of their attachment, V can validly lay claims for the items as being part of the land.Vs claims are supported by the verdict in the case of Holland v Hodgson (1872) LR 7 CP 328, in which the court held that the relatively temporary looms placed on stone found ation were no longer chattels and had been mortgaged with the land as one property (McFarlane, Hopkins, & Nield, 2012 Kearney & Merrill 2013). In the case of Elitestone v Morris 1997 1 WLR 687, the House of Lords followed the precedent set in Holland, holding that a bungalow resting concrete pillars was part of a realty since the degree of annexation was low. Williamson (2004) has said that in determining whether an item is a chattel or a fixture courts rest home their argument on the intent of the property owner.Following the ruling in Holland, chattels which are placed on a piece of land to enhance offend enjoyment of the items in question remain fittings or while the those which are intended to improve the suitable use of the piece land should be considered as fixtures (Hamza, 2011 Hutchinson, 2010). In light of the argument, Ks studio, the greenhouse and the strategically-placed sculptors would be considered as better use of the piece of land, hence they are fixtures and shoul d be legally retained by V. In