Property Law

Elitestone v Morris [1997] 1 WLR 687

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Facts
  • A block of land was sold, originally with bungalows resting on top of some brick, and then a metal sheet. Land, or fixture?
Held
  • If it cannot be removed without being destroyed, it is more than likely a fixture
  • Common sense says if it looks like a fixture, acts like a fixture… it is a fixture
  • There can be a threefold approach to chattel/fixture question

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