Potton Developments Ltd v Thompson  NPC 49, ChD
Whether large box construction units placed on land but lightly affixed are fixtures or chattels
The claimants acted as distributors for a company which produced individual box units. The units were designed to be used by public houses or hotels that wished to expand their letting facilities and contained a bedroom with an en suite bathroom. The units were extremely strong because they were transported intact and therefore were required to be rigid. The units were placed on large concrete bases and were affixed by a relatively small bracket. The user then simply had to attach electricity and plumbing to the box. The issues that arose in this context related to the lease of several boxes to a public house in Shropshire. Ultimately lease payments for the boxes were not made. When the claimant attempted to recover these losses, it became aware that the public house was being placed for sale with the boxes included in the sale. The claimant sought to assert that the boxes were chattels and could not form part of the sale.
The issues in this circumstance were whether the boxes, not being firmly affixed to the land, but appearing to be largely permanent were fixtures or chattels.
It was held that the usual approach used for considering whether an item was a fixture or a chattel should be applied in these circumstances. The lack of firm affixation suggested that the boxes were chattels. However, the fact that they were in place for the benefit of the land meant that they could also be considered fixtures. The deciding factors on this point were firstly, that the units could be removed without suffering any damage and secondly, that it was never intended, despite the outside appearance of the boxes, that they should be permanent. The effect was that the boxes were considered chattels and would not pass with the sale of the public house.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
R v Evans - 2009
Manslaughter by gross negligence – duty of care. Evans purchased heroin and gave it to her half-sister who later self-ingested the drug. Evans recognised that the victim had symptoms akin to those of an overdose and remained with her mother and the victim, without calling for medical assistance as they feared getting into trouble....
Most Important Feature of a Company
Introduction In today’s world where business has become very complex and production is done on a large scale requiring large amount of funds ......