Land Law Memorandum Essay Example | Topics and Well Written Essays - 750 words

Land Law Memorandum - Essay Example The second item was fitted wardrobes in the master bedroom. Peter says that they had appeared to him to be spoke pieces of furniture since they fitted the space in the bedroom perfectly. The removal of the wardrobes has caused some damages that will require re plastering work. The thirds item was an ornamental fountain in the garden. Peter says he fell in love with the feature as it was a real center piece of the garden. It was made of cast iron and had a cherub at its center with a circular pool surround. The primary legal issue is whether the cooker, wardrobes and fountain are fixtures or chattels. This way, the right of ownership of the same assets would be determinable upon Jarvis show of proof that he legally owns the realty. The first legal test that Jarvis must pass in claiming the cooker, wardrobes and fountain is the right to the property. Secondly, the proper legal definitions of a fixture and chattel would then follow. Having settled the dues and by virtue of the freehold title in his position, this condition has been met. A fixture is defined as a chattel which is fixed in or on a property such as land in a way that it becomes part of the property in question. Any item such as a cistern or water filled heater fixed in a house to fill a space is regarded as a fixture by law. On the other hand, a fitting or chattel is an item, which is separate from the realty and moveable with minimal damage to the realty or the property at the centre of the transaction. A fitting may be regarded as a fixture if it is embedded to a building or a piece of land. For example, prior to the installation of a radiator system, the item is a chattel, but immediately it is installed, it becomes part of the property and is, thus regarded as fixture. There are two primary legal tests used in common law to determine whether a property is a chattel or a fixture: the method and level of annexation; and the object and purpose of annexation. The courts use the Section 62 Law of