Land Law
Parties - Astol Flooring Limited, Bridgman Limited Equity Finance Limited
Issues – flooring losing its chattel nature and becoming a fixture flooring becoming part of the realty and thus part of the bank’s security. Whether Astol Flooring Limited can enter the Bridgman House and remove the flooring, in particular whether the rights provided by section 7 of the contract between Astol Flooring and Bridgman Limited will prevail over the rights of Equity Finance Limited as registered mortgagee of Bridgman House. The effect of expiry of s 92 Property Law Act.
A fixture is anything that was once personal property that has become affixed to the land as to become a part of the land and part of the real property.1 The essential question here is whether it has become so affixed to the land that it is part of the Equity Finance Limited security and has to remain on site with the expiry of s 92 Property Law Act 1952.
The starting point is the test set out in Holland v Hodgson (1872)2......
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