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The first of these looks at the degree of annexation of the object to the land while the second looks at the purpose of annexation.1 1 Holland v Hodgson (1872) 7 CP 328 at 334, per Blackburn J. The tests emerged rather suddenly in the nineteenth century as the industrial revolution and the commercial arrangements it generated gave special Each test can play a part but the current tendency is... Holland v Hodgson (1872) LR 7CP 328 This case considered the issue of fixtures and chattels and whether or not machinery installed into a property and affixed with nails and bolts to the floor constituted fixtures or chattels.
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Indeed, as Blackburn J said in Holland v Hodgson: There is no doubt that the general maxim of the law is, that what is annexed to the land becomes part of the land; but it is very difficult, if not impossible, to say with precision what constitutes an annexation sufficient for this purpose.... Trade fixtures. An important exception to the usual treatment of fixtures is the category of trade fixtures (often called “chattel” fixtures) - chattels installed by a tenant on leased commercial property specifically for their use in a trade or business.
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The difference between personal and real property stems from the different remedies available at common law. 12 If a person was entitled to a real remedy (could recover the object as of right) it was classified as real property. pdf en dwg gratuit français The answer to the question, as Blackburn J. pointed out in Holland v. Hodgson (1872) L.R. 7 C.P. 328, depends on the circumstances of each case, but mainly on two factors, the degree of annexation to the land, and the object of the annexation.
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11/09/2010 · Holland v Hodgson (1871 – 72) L.R. 7 C.P. 328 Looms (machines used in the textile industry) were fixed to the floor of a mill by nails driven through holes in the feet of the machines. Some of the nails went into wooden beams in the floor; some … stone cold full book pdf In the recent case of Peel Land and Property (Ports No 3) Ltd v TS Sheerness Steel Ltd , the court was asked to consider whether certain large items of plant and machinery installed by the tenant in …
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Holland V Hodgson 1872 Full Case Pdf
Holland v Hodgson (1872) Per Lord Blackburn (on purpose of annexation): “…blocks of stone placed one on the top of another without any mortar or cement for the purpose of forming a dry stone wall would become part of the land,
- Holland v Hodgson (1872) LR 7 CP 328 The owner of a mill purchased some looms for use in his mill. They were attached to the stone floor by nails driven into wooden beams.
- Raineri v Miles  2 WLR 847 This case considered the issue of time clauses in contracts and whether or not a date set for completion of a contract amounted to an essential time requirement or if this allowed for completion within a reasonable time period.
- Fixed Materials Materials delivered or brought on to the site by the contractor remain the property of the contractor until such materials become affixed to the land - the doctrine of "whatever fixed to the soil belongs to the soil" as restated in Elwes v Maw (1802) 3 East 38.
- there is annexation (Holland v Hodgson 1872) 1. In this case, object is annexed to land by way of _____ and therefore is prima facie a fixture OR 2. In this case, object is free-standing and therefore is prima facie a chattel These presumptions can be rebutted by considering the intentions of the person who annexed the chattel (Hobson v Gorringe 1879) Degree & Purpose of Annexation The