PROPERTY LAW

Meaning of Property and Interests in Land and personal Fixture and chattels Conveyancing Certificates of Title Real .

Doctrine of Tenure and Estates     Historical development rights not absolute right in rem freehold estate .

Doctrine of tenure     All land is vested in the Crown Therefore the crown can recover the land for its purposes The citizen is not the absolute owner The tenure describes the quality of the title .

not outright ownership The estate describes the shape or duration of the land The estate describes interests that are defined in duration The estate confers a right to possession Hence most land owners require a freehold estate in fee simple .Doctrine of estates      A citizen has an estate in the land.

Estates  - Freehold Fee simple Fee Tail Life Estate Estate pur autre vie .

   Equitable interest Compulsory acquisition Conveyancing .

Personal property   Chattels real (Leasehold interest) Chattels personal .

Real Property.2 maxims   Landowner owns the sky above and the ground below Kelsen v Imperial Tobacco (1957) 2 QB 334 Advertising hoarding over airspace was a trespass Baron Bernstein of Leigh v Skyways«(1978) QB 479. aerial photography was not a trespass Landowner owns everything fixed to the land ± doctrine of fixtures and chattels .

2.Fixtures and Chattels  1.   Two tests: Degree of annexation Intention of placement The degree of annexation requires consideration of the amount of attachment between the item and the property Re May Bros pg 29 Also ask if repair necessary after removal .

Is it a fixture or chattel? tests     Intention of placement requires the court to consider what the owner intended when the item was placed on the property. Was it intended to be permanent? Did it enhance the property or was it for personal use? Consideration of the taste and fashion of the day is a factor Leigh v Taylor pg 30 .

Case examples   Neylon v Dickens (1979) N. 714.R. helicopter hanger and storage facilities held not to be fixtures even though foundations. drainage and sewerage and power D¶Eyncourt v Gregory (1866) 3Eq 382 where marble vases.L. lions and stone seats held to be fixtures as part of architectural design . a pre-fab dwelling.Z.

    Isaacs v Lord (1920) VLR 274 ± roller blinds were chattels but sockets fixtures. 336 a freestanding electrical stove was not a fixture even though connected to wiring Compare Palumberi Thomas v Beck pg 30 ± dishwasher a fixture.. N.Cases. Common sense? Abercrombie v Wollington (1956) WN. but dryer a chattel .W.S.

spotlight and timer. curtains Stove and carpets held to be fixtures .Palumberi v Palumberi (1986) ANZ ConvR 592    Facts: Brothers fighting over the items inserted in a flat during renovations ± no chattels listed in contract of sale. TV antenna. Venetian blinds. linen cupboard. carpets. stove. heater.

   Wellesmore v Ratford (1973) 23 FLR 295. Hynes v Vaughan where a pile of rubbish including rotting vegetables. if it is ordinarily a chattel and circumstances of attachment lead to assertion it is a fixture.Cases«. soil and bonfire residue had merged with real property . And so those asserting something attached is still a chattel have the onus of proving it. Realistic? Cf airconditioner? Aust Provincial Insurance v Coroneo (1938) 38 SR (NSW) 700. the onus of proof is on those claiming it is a fixture. an exhibit bolted to the ground was held to be a fixture.

Landlord¶s and Tenant¶s fixtures/fittings    Purpose and value For the tenant¶s personal use or business? Or arguably now part of the structure itself and therefore a fixture ± now belonging to the landlord? .

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