The following Property Q&A provides comprehensive and up to date legal information covering:
The answer to this Q&A will depend on whether the components of the kitchen and bathroom are fixtures or fittings, and, if they are the former, whether they are landlord’s or tenant’s fixtures or have become part of the demise.
Whether a chattel has been so affixed to the land or buildings as to become a fixture depends on the circumstances of each case, but mainly on two factors: the degree of annexation and the object and purpose of the annexation. If the chattel can be removed without doing irreparable damage to the premises, neither the method nor the degree of annexation, nor the quantum of damage that would be done to the chattel or to the premises by its removal, affects this Q&A save in so far as any of them throws light upon the object and purpose of the annexation. The mode of annexation is only one of the circumstances to be considered and it is not always the most important consideration.
In Botham v TSB (where the court had to decide which items were fixtures to which the mortgagee was entitled when taking possession), the Court of Appeal held that kitchen worktops were fixtures but that white goods (fridge, oven, etc) remained chattels even though they occupied spaces (eg under the worktop) specifically designed for them. The test of what one
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There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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