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Tuesday, March 5, 2013

Land Law : Fixtures vs Chattels

Lai Hiu Chun (52183829)

Introduction There atomic number 18 two issues in our case. They are a) whether the dispenseer is entitled to remove anything from the flat at completion or earlier so long as it is not expressly mentioned in the Agreement as part of the items change together with the flat, and b) whether the TV satellite dispense installed at the balcony shall be sell with the flat or not. In relation 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 part 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 part and parcel of knowledge domain. I will discuss them in the following paragraphs. Issue A According to s2 of the Conveyancing and stead Ordinance1, 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 assignment 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 part of land in law3, along with anything attached to his house or permanently fastened to anything attached to his house. In order to identify what things undeniable to be sold with his house, we must first distinguish them between chattels, fixtures and part and parcel of land. Everything brought on land starts from chattels, which are not required 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: Ordercustompaper.com



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