The And Object Of Annexation

1610 Words7 Pages
Several issues can occur when purchasing land. For example, Alfie is concerned with fixtures and chattels. Roxie’s dilemma is concerned with conveyancing process and proprietary estoppel. Fixtures and chattels are difficult to determine because there opposing opinions which contradict one another. Nevertheless, the “degree and object of annexation” test can help determine the status of an item. This essay will evaluate the items to see whether they are fixtures or chattels whilst, demonstrating how the burden of proof can show otherwise. In relation to Roxie, this essay will demonstrate the problems that can occur during the conveyancing process and how proprietary estoppel can be used to protect an individual’s interests. In regards to the different items, Peggy may argue that these items were personal property. If they were, Alfie has no right to claim these items. However, if the items have become part of the land, they are fixtures. Alfie would be able to claim these items if they were fixtures because when land is transferred, it is transferred with all the fixtures that are not expressly excluded. This is supported by legislation “A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land…fixtures” Peggy has completed a contract; therefore she is not entitled to remove the fixtures. The contract transfers the legal and equitable ownership of the land to Alfie. Unfortunately, determining whether an item is a
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