melat melaku
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Can anyone please give me a suggestion to this land law assessment.
When Laila and Imran first viewed number 21, Broad Street they immediately fell in love with it. The sellers, Mercedes and Carmen, had carefully renovated the 1930s semi-detached house. In the living room they had opened up the fireplace, which previous owners had blocked in and plastered over, and installed a 1930s wooden art deco fireplace surround and a cast-iron wood-burning stove. Mercedes and Carmen had bought the fireplace surround at an auction, together with two beautiful art deco glass ceiling lights which they hung in the living room to add to the period style.
Laila and Imran were also impressed by the solidly-constructed garden shed which the sellers had converted into an office. Laila is a freelance journalist and often works at home.
Mercedes and Carmen accepted Laila’s and Imran’s offer to buy number 21, Broad Street in August. They exchanged contracts last week and are due to complete their purchase next Friday.
When Laila and Imran walked past number 21 yesterday evening they could see into the living room from the street. The beautiful ceiling lights had gone, leaving naked light bulbs hanging down, while the art deco fireplace surround had been replaced by a cheap modern one.
Laila and Imran had chosen to use an online conveyancing service in order to save money. They had assumed that the fireplace surround, ceiling lights, and shed would come with the house but none of these items was mentioned in the contract.




Assignment Task

Lailah has emailed you (setting out the information in the above scenario) asking for your advice. You must now write to her and Imran advising them whether the sellers were entitled to remove the fireplace surround, ceiling lights, and shed and, if not, whether the contract made last week might therefore be invalid on the basis that important items have not been included in the contract.
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NYU℠
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Are the items fixtures or fittings? Refer to your cases.
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Forum User
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As above.

I assume that the second part is getting at something about s. 2 LP(MP)A 1989. It's superficially similar to the example given by Chadwick LJ in Grossman v Hooper.
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Notoriety
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(Original post by NYU2012)
Are the items fixtures or fittings? Refer to your cases.
Haha, your revising going well then, my friend?
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NYU℠
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(Original post by Notoriety)
Haha, your revising going well then, my friend?
Ha. You’re funny. They’re all doomed, poor students.
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Bitesizelaw
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(Original post by melat melaku)
Can anyone please give me a suggestion to this land law assessment.
When Laila and Imran first viewed number 21, Broad Street they immediately fell in love with it. The sellers, Mercedes and Carmen, had carefully renovated the 1930s semi-detached house. In the living room they had opened up the fireplace, which previous owners had blocked in and plastered over, and installed a 1930s wooden art deco fireplace surround and a cast-iron wood-burning stove. Mercedes and Carmen had bought the fireplace surround at an auction, together with two beautiful art deco glass ceiling lights which they hung in the living room to add to the period style.
Laila and Imran were also impressed by the solidly-constructed garden shed which the sellers had converted into an office. Laila is a freelance journalist and often works at home.
Mercedes and Carmen accepted Laila’s and Imran’s offer to buy number 21, Broad Street in August. They exchanged contracts last week and are due to complete their purchase next Friday.
When Laila and Imran walked past number 21 yesterday evening they could see into the living room from the street. The beautiful ceiling lights had gone, leaving naked light bulbs hanging down, while the art deco fireplace surround had been replaced by a cheap modern one.
Laila and Imran had chosen to use an online conveyancing service in order to save money. They had assumed that the fireplace surround, ceiling lights, and shed would come with the house but none of these items was mentioned in the contract.




Assignment Task

Lailah has emailed you (setting out the information in the above scenario) asking for your advice. You must now write to her and Imran advising them whether the sellers were entitled to remove the fireplace surround, ceiling lights, and shed and, if not, whether the contract made last week might therefore be invalid on the basis that important items have not been included in the contract.
The key issue releates to whether the items are part of the 'land' or not. The definition of land in LPA 1925, s.205(1)(ix) includes fixtures. So fixtures are items which have become part of the land and consequently are included within the sale. Removal of fixtures will be a breach of contract. If not; they are simply chattels and the seller is entitled to remove them.

They key tests to be applied are (1) purpose of annexation and (2) degree of annexation. There are lots of cases on this area so look at the key cases you have been asked to read as part of your course in order to focus your efforts.

If you provide more specific questions and any ideas you have you might get more help. Have a look at TSR protocol when asking for advice on assessments.

Good luck.
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