D'Eyncourt v Gregory
1866 · LR 3 Eq 382
Posted By lanbuk.com
- Facts
- A mansion was sold. Statues, stone seats, garden vases, tapestries and pictures had been placed as part of a single design for the house and grounds. Some were not fixed.
- Issue
- Can unfixed ornaments be part of the land?
- Held
- Yes, where they form part of the architectural scheme of the house.
- Principle
- Objects that carry out a permanent design for the building can be even though they are not fastened.
- Why it matters
- It is the exception to the rule that an unfixed object stays a . Contrast it with Leigh v Taylor, where the fixing was only for display.
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.