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Identification of third party right
- Subtopic 1
- Enforceability of right
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Land
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Definition
- Bernstein of Leigh v Skyviews (1977): Landowners claim to airspace is restricted to such height as is necessary for him to enjoy in an ordinary way the land that he owns and the structures are placed upon
- Manor house, Land, Stable block, Garage, Coal, Fishing rights, manor, Right of way
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Distinction Fixtures v Chattels
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Fixtures are part of the land to which it is attached and cannot be removed!
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Exceptions:
- Check sales agreement, as what are items classified! Contract prevails!
- If tenant has affixed the object, he has the right to remove "tenant's fixtures" (trade, agricultural or ornamental).
- Chattels is an item of moveable property
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Two tests to identify whether an object has ceased to be a chattel and become a fixture:
- Method and degree of annexation
- Object and purpose of the annexation