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Questions and Answers
According to the memo, what key elements are encompassed within the definition of 'land'?
According to the memo, what key elements are encompassed within the definition of 'land'?
Solid surface, crops, vegetation, buildings, water bodies, and structures.
What action must someone take to remove a fixture from land?
What action must someone take to remove a fixture from land?
Engage in a deliberate activity which severs the fixture from the land.
According to the principles outlined, what is the crucial distinction between a 'fixture' and a 'fitting' in relation to land?
According to the principles outlined, what is the crucial distinction between a 'fixture' and a 'fitting' in relation to land?
A fixture is part of the land, whereas a fitting is not.
Is a 'deliberate procedure of severance' necessary to remove fittings?
Is a 'deliberate procedure of severance' necessary to remove fittings?
Explain the relationship between 'land', 'interest', and 'encumbrances' in the context of fixtures.
Explain the relationship between 'land', 'interest', and 'encumbrances' in the context of fixtures.
In the context of land law, how does the principle of quic quid plantatur solo, solo cedit apply to fixtures?
In the context of land law, how does the principle of quic quid plantatur solo, solo cedit apply to fixtures?
How do rights exercised over land relate to the definition of what land comprises?
How do rights exercised over land relate to the definition of what land comprises?
Is a building considered 'land'?
Is a building considered 'land'?
What must be true of fittings in relation to land?
What must be true of fittings in relation to land?
Name one of the authorities for discussion mentioned in the memo?
Name one of the authorities for discussion mentioned in the memo?
Flashcards
Definition of Land
Definition of Land
Solid surface, crops, other vegetation, buildings, water bodies, structures, and any rights exercised over the listed examples.
Definition of a Fixture
Definition of a Fixture
An item affixed to land, requiring deliberate action to remove it.
Definition of Fittings
Definition of Fittings
Items situated on land but not physically attached. Removal doesn't require a severance procedure.
Fixture Legal Status
Fixture Legal Status
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Fitting Legal Status
Fitting Legal Status
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Study Notes
- The definition of Land given in Sections 281 and 281 includes solid surfaces, crops and other vegetation, buildings, water bodies, structures, and any rights exercised over previously listed examples.
Fixtures & Fittings
- If a fixture is attached to land, a person must deliberately sever the fixture from the land to remove the fixture.
- Fittings are situated on land, but not attached to the bare land.
- There is no deliberate procedure of severance necessary to remove a fitting.
- Quic quid plantatur Solo, Solo Cedit principles state that a fixture is part of a land and is therefore of interest.
- Encumbrances attached to land cover a fixture.
- A fitting is not part of the land.
Authorities for discussion
- Gould v Springer
- Tetteh v Tetteh
- Kofi Adu v Barkodee
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