Critically evaluate with reference to case law and the definition of land how the law determines whether an item of property is a ‘fixture or fitting’..
Thus blocks of stone placed one on the top of another without any mortar or cement for the purpose of forming a dry stone wall would become part of the land, though the same stones, if deposited in a builder’s yard and for convenience sake stacked on the top of each other in the form of a wall, would remain chattels.
(per Blackburn J. in Holland v. Hodgson (1872) L.R. 7 C.P. at 335)
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Critically evaluate with reference to case law and the definition of land how the law determines whether an item of property is a ‘fixture or fitting’.
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