Holland v Hodgson
1872 · LR 7 CP 328
Posted By lanbuk.com
- Facts
- Looms in a mill were nailed to the wooden floor and attached to beams. The of the mill claimed them against the trustee in bankruptcy of the owner.
- Issue
- Had the looms become part of the land?
- Held
- Yes. They were and passed with the mortgage.
- Principle
- Articles fixed even slightly are part of the land, unless they were always intended to remain . Articles resting on their own weight are prima facie chattels, unless they were intended to be part of the land.
- Why it matters
- It is the governing statement of the two tests: degree of annexation and purpose of annexation.
Words and Latin in this note
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
- Mortgagee
- The lender. The person who takes the security. Open the 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.