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Land Law, Chattels and Fixtures !!!

Frank is concerned that when he bought the Real Estate, two
marble statues (weighing about 1 tonne each) which had been
standing in the garden, and which he assumed would be
included in the sale, had been removed by previous owners
when they moved out. Paul would like their return.

Is Frank entitled to the return of the statutes ? assuming they weight 1 tonne each and been standing in the garden ?
Well, to get the ball rolling, what do you think and why?
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joanna_j
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Original post by harry_gill_23
Well, to get the ball rolling, what do you think and why?

I would say a fixture because of the weight of the statutes and being park of the garden but I might be wrong
Any cases that seem very very similar to this scenario?
(Weird how many land law questions popped up in last 2 days!)
you need to apply the 2 tests to determine whether they are fixtures or chattels. Explain the tests of degree of annextion and purpose of annexation and then apply them. Which of the 2 tests is likely to take priority in this instance and why? You are correct in considering weight and the fact that they are part of a garden (although you need to make it very clear why this is a relevant consideration) As Catherine1973 has hinted; there is a case directly on this point which should be either applied or, if you feel it's appropriate, distinguished.

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