Doctrine of Fixtures in Property Law

State of New South Wales v Lepore [2003] 212 CLR 511, 536 per Gleeson CJ.

Citation: New Jersey v. T. L. O. 469 U.S. 325 105 S. Ct. 733; 83 L. Ed. 2d 720; 1985 U. S. LEXIS 41; 53 U.S.L.W. 4083.

To begin contextualisation of the situation in terms of the ownership of the inclinator it vital. Firstly, the inclinator itself is a fixture located within the boundaries of Mr Hogg’s property, and thus the nature of the item is fully owned by Mr Hogg for the remainder of his ownership of the estate. Given this, as the inclinator is a fixture of the land it should be passed on for use by the next person the estate falls under, according to the privacy of estate. Secondly, the inclinator was installed in 1979 and at the time, was used by the owners of both lots, without any easement being constructed. However, as it is an existed when the

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

• Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition.

Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062

Mickens v. Taylor, 535 U.S. 162, 122 S. Ct. 1237, 152 L. Ed. 2d 291 (2002)

States v. Campione, 942 F.2d 429, 437 (7th Cir. 1991); see also Glecier, 923 F.2d

227 Kan. 780; 610 P. 2d 580; 1980 Kan. LEXIS 280; 28 U.C.C. Rep. Serv. (Callaghan) 1362

This element would also make Ernest’s claim void. Although there is currently hostile intent, this would have had to be the sole reason for his habitation of the property.

(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603

Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)

The purpose of the paper research is to identify the world of property law that remains confusing to quite a number of people regarding personal and real property. Due to this confusion, a number of disputes arise when parties fail to reach an agreement especially when the seller includes the item in question as part of the sale of the realty and the buyer has a different view. This research will identify five examples of fixtures and real property in my house that will be enlightening especially pertaining the two gray areas. The research will also look at the determination made by commercial law pertaining to the evaluation of real property and fixtures and the exceptions when applying such tests. In the research, it will highlight the question of figuring out what fixtures are and the significant importance or raise this question with regards to the increase in the number of disputes associated with property law in case the value of the personal property exceeds the real property value. Finally, the research will identify different scenarios that may give rise to disputes regarding personal property and fixtures and how these fixtures are identified using different tests conducted by the property law courts in order to come to a consensus.

In term of Real Estate Law, the law recognizes two classifications of property which are real and personal. Real property relates to land and those things that are more or less permanently attached to the land, such as homes, office buildings, and trees. Personal property refers to all other things, such as automobiles, furniture, computers, bank accounts, stocks, and bonds. Real property includes rights to the airspace above the surface of the property, mineral rights to minerals located beneath the surface, and water rights for water located on or beneath the surface of the land. A fixture is an article of personal property, such as an air conditioning unit or a dishwasher, which has been installed in or attached to land or a building and, on attachment, is regarded

The Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.