Hi, I am looking for someone to write an article on the relevant law Paper must be at least 1750 words. Please, no plagiarized work!
Hi, I am looking for someone to write an article on the relevant law Paper must be at least 1750 words. Please, no plagiarized work! Jayne has a separate problem in relation to her own house, which she occupies. A Family has recently moved into the adjoining property and children there have been flying kites that have strayed over Jayne’s garden.
A. You are a trainee in a firm of solicitors consulted by Jayne. Your principal has asked you to research the relevant law and report to the principle (in 1000 words) on what are the legal principles and the most directly relevant cases regarding
Outside the word limit, give a bibliography of all books and databases used to carry out the research, and give a list of all cases that you consulted (whether or not actually used in part A of your answer), with their references.
When considering whether the above can be regarded as fixtures it is necessary to consider whether the court would regard these items as chattels or fixtures. According to the maxim of ‘quicquid plantar solo, solo credit’ which translates to mean that whatever is attached to the soil becomes part of it. This principle also governs items that are fixed within the confines of the property as well as items on the grounds of the property. In Elitestone Ltd v Morris 1 the House of Lords divided the category of fixtures into chattels that have become part and parcel of the land and other fixtures.
When considering which items would be regarded as fixtures it is necessary to examine previously decided cases. From previous cases, it can be noted that the purpose of the annexation is often the deciding factor in determining whether an item should be regarded as a chattel or a fixture. In Botham v TSB Bank Plc (1996)2 Roch LJ identified four guidelines when deciding whether an item was a chattel or a fixture. He pointed out that ornamental items attached to the building simply for their display and enjoyment are prima facie chattels, and items that can be removed without damage to the building should also, be regarded as chattels.