Berkeley v Poulett
1977 · 1 EGLR 86
Posted By lanbuk.com
- Facts
- On a sale of a house, a large marble statue stood on a plinth in the garden and was not fixed down. Pictures were fixed into panelling. The buyer claimed them as .
- Issue
- Which of these objects passed with the land?
- Held
- The statue did not. It was not attached, and it was not part of the design of the garden in the sense that required it to stay. Some of the pictures, set into the panelling as part of the room, were fixtures.
- Principle
- Resting on its own weight, a heavy object remains a unless the purpose was to improve the land permanently.
- Why it matters
- It is the authority for the statue. It is the modern illustration of Blackburn J's own-weight rule.
Words and Latin in this note
- Fixture
- A chattel that has become part of the land, because of how firmly it is fixed and why. It passes with the land unless the contract says otherwise. Open the note.
- Chattel
- A moveable thing. If it is not annexed to the land so as to become a fixture, it does not pass with the land. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.