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    im really stuck on this question, can anybody help me plz?... Andrew wishes these items below were included in the sale of a house that was sold and transferred to him, he now wishes to recover them because they had been removed by the previous owner...
    gold plated taps and shower unit from bathrooom
    garage constructed from prefabricated panels and resting in brick pillars, free standing electric storage heaters from the dining room, an electric cooker and various plants and shrubs?
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    What's your opinion? Even if you haven't read the cases (Holland v Hodgson, Elitestone v Morris) you should be able to make a decent guess.
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    Did you work this out? i have a similar question
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    (Original post by SJx4)
    Did you work this out? i have a similar question
    Essentially, the difference between a fixture and a chattel is the degree of attachment or annexation to the land. This is very basic land law. Now attachment can take several forms. As the guy said, it's pretty easy to figure out without reading Elitestone or any other case. Now the **** about it being gold plated is just a distraction. Normally bathroom structures which are cemented to the ground will most likely be fixtures. The stuff resting in brick pillars would depend. Depending on the grade you're aiming at you would want to do some research on that. The courts would generally consider a fixture something which, if extracted, would cause it and the land to which it is attached significant damage. In this regard, the garage could either be a fixture or a chattel depending on how you argue it. It could be a chattel because it isn't fixed to the ground but it could be a fixture because removing it could be too damaging. There is a panoply of case law and journal articles on this which you could read. The free standing heaters are chattels, naturally. The cooker would depend on whether it's stuck to the ground. The plants and shrubs are generally seen as an enhancement to property and are therefore fixtures as could be, for example, a statue in a garden which acts as an ornament embellishing it, even if not fixed to the ground.
 
 
 
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