| Commentary

5.3 Effect

| Commentary

5.3 Effect

The joint effect of these provisions is as follows:

  1. 5.3.1

        a conveyance or mortgage of land which is silent as to fixtures and growing crops does not constitute a separate assignment of the fixtures or growing crops even though by common law these effectively pass under the conveyance as part of the land1,

  2. 5.3.2

        a conveyance or mortgage of fixtures or agricultural crops alone without land always constitutes a separate assignment and so will engage the Bills of Sale Act 1878 unless it is confined to fixed motive powers, fixed power machinery and steam, gas

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