Aveneu Park, Starling, Australia

STUDENT coppices, and the ground and soil

STUDENT ID: 17082** 

In the problem scenario, there are faced with difficulties, where
about four weeks ago Laura purchased a freehold property, Ashgreen Manor from
Steven. Later arise issues where the operation of the trust of land, and how may
Steven overreaching provisions of the Law of Property Act (1925) as the
mechanism for regulating the fixtures and chattels. Laura needs an advice for
her claim against Steven.

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The freehold property manor had a sundial and a wooden shed in the
garden, which removed by Steven. The legal freehold meaning is that the fee
simple absolute must be in possession, which is means that the new owner has
immediate right to enjoy the land.

 

In the Law of Property Act 1925, s.205(1)(ix) land is defined as
follows:

 

“‘Land’ includes land of any tenure, and mines and minerals,
whether or not held apart from the surface, buildings or parts of buildings
(whether the division is horizontal, vertical or made in any other way) and
other corporeal hereditaments, also a manor, an advowson, and a rent and other
incorporeal hereditaments, and an easement, right, privilege, or benefit in,
over or derived from land…”1

 

Further explained in s62(3) of the same law.

 

“A conveyance of a manor shall be deemed to include and shall by
virtue of this Act operate to convey, with the manor, all pastures, feedings,
wastes, warrens, commons, mines, minerals, quarries, furzes, trees, woods,
underwoods, coppices, and the ground and soil thereof, fishings, fisheries,
fowlings, courts leet, courts baron, and other courts, view of frankpledge and
all that to view of frankpledge doth belong, mills, mulctures, customs, tolls,
duties, reliefs, heriots, fines, sums of money, amerciaments, waifs, estrays,
chief-rents, quitrents, rentscharge, rents seck, rents of assize, fee farm
rents, services, royalties jurisdictions, franchises, liberties, privileges,
easements, profits, advantages, rights, emoluments, and hereditaments
whatsoever, to the manor appertaining or reputed to appertain, or, at the time
of conveyance, demised, occupied, or enjoyed with the same, or reputed or known
as part, parcel, or member thereof.

 

For the purposes of this subsection the right to compensation for
manorial incidents on the extinguishment thereof shall be deemed to be a right
appertaining to the manor.”2

 

One of the lead case explain that the test for whether a thing is
a fitting or a fixture or part of the land itself requires an examination of the
degree to which the thing is fixed to the land and the reason it was fixed to
the land Holland v Hodgson (1872) LR 7 CP
328.3     

A mill owner bought looms to use in the mill. Looms attached with
wooden beams and connected to the stone floor. They could be easily removable. The
owner mortgaged the mill although could not maintain the payments and the mill
was taken back. Now the court made decision was whether the looms were fixtures
take as part of the land or whether they stay as fittings. It was held: The
looms had become fixtures and therefore formed part of the mortgaged land.

 

 

 

1 Law
of Property Act 1925, s.205(1)(ix)

2 Law of Property Act 1925, s.62(3)

3 Holland
v Hodgson (1872) LR 7 CP 328

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