Problem question in Land Law Essay Example | Topics and Well Written Essays - 750 words

Problem question in Land Law - Essay Example test (exploring the degree of the item’s attachment to the ground), and the degree of annexation, (the removability) are the main legal tests that would be employed to determine who between K and V should have the rights over the sculptors. Chattels that are physically erected on the land will be considered as fixtures (Luther, 2004; Essert, 2013). In this case, K physically dug the sculptors, the studio and the greenhouse in the piece of land. Some of the properties rest on dug concrete plinths, while others are attached to similar concrete plinths with heavy metal bolts in a manner that make them more of fixtures than chattels (Holmes, 1940; Burn, Cartwright, & Maudsley, 2009). In light of their attachment, V can validly lay claims for the items as being part of the land. V’s claims are supported by the verdict in the case of Holland v Hodgson (1872) LR 7 CP 328, in which the court held that the relatively temporary looms placed on stone foundation were no longer chattels and had been mortgaged with the land as one property (McFarlane, Hopkins, & Nield, 2012; Kearney & Merrill 2013). In the case of Elitestone v Morris [1997] 1 WLR 687, the House of Lords followed the precedent set in Holland, holding that a bungalow resting concrete pillars was part of a realty since the degree of annexation was low. Williamson (2004) has said that in determining whether an item is a chattel or a fixture courts base their argument on the intent of the property owner. Following the ruling in Holland, chattels which are placed on a piece of land to enhance better enjoyment of the items in question remain fittings or while the those which are intended to improve the suitable use of the piece land should be considered as fixtures (Hamza, 2011; Hutchinson, 2010). In light of the argument, K’s studio, the greenhouse and the strategically-placed sculptors would be considered as better use of the piece of land, hence they are fixtures and should be legally retained by V. In