Monday, September 16, 2013

Land Law : Fixtures vs Chattels

Lai Hiu Chun (52183829) Introduction There atomic number 18 twain issues in our case. They atomic number 18 a) whether the dispenseer is entitled to remove anything from the flat at completion or earlier so long as it is non expressly mentioned in the Agreement as berth of the items change together with the flat, and b) whether the TV transmit dispense installed at the balcony shall be sell with the flat or not. In sexual congress to (a), vendor is entitled to remove anything that are regarded as chattels or mentioned expressly in the contract only. Those which are regarded as fixtures and grapheme and percentage of the husbandry are not able to be remove by the vendor. In reference to (b), whether the TV satellite dish should be sold to Mrs Betty Wong (Betty) depends on whether it is a chattel, fixture or sectionalization and parcel of knowledge domain. I result discuss them in the following paragraphs. Issue A agree to s2 of the Conveyancing and stead Ordina nce1, land complicates things devoted to land or for good level(p) to anything attached to land. Moreover, according to s16 of Conveyancing and Property Ordinance2, an naming is deemed to include things attached to the land or permanently fastened to anything attached to the land.
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Therefore, the vendor is indeed selling his house, which is spell of land in law3, along with anything attached to his house or permanently fastened to anything attached to his house. In order to pick out what things undeniable to be sold with his house, we must first specialize them between chattels, fixtures and part and parcel of land. Everything broug ht on land starts from chattels, which are n! ot requisite to sell with the land. Chattels which have become part of land are termed fixtures, which are things attached to land or permanently fastened to anything attached to land, thus they are required to sell with the house. Part and parcel of the land is the object which is not annexed to land, alone its existence is for the better enjoyment of the land, so it has to be sold along with the land too....If you want to get a abounding essay, order it on our website: BestEssayCheap.com

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