Law of Property Essay Example | Topics and Well Written Essays - 1500 words

Law of Property - Essay ExampleShe has similarly noticed that an apple tree in the adjoining garden has branches overhanging her own garden. She wishes to know whether she can roll in the hay the branches and whether she is entitled to keep any apples either taken from the branch or which fall from it.A. You are a trainee in a firm of solicitors consulted by Esther. Your main(prenominal) has asked you to research the relevant law and report to the principal (in 1,000 words) on what are the legal principles regardingOutside the word limit, give a bibliography of all books and databases used to acquit out the research, and give a list of all cases that you consulted (whether or not actually used in Part A of your answer), with their references.In order to be able to advise Esther of her rights over the items that have been remove from the property, the branches and apples overhanging her property and the watch found in the grounds it is necessary to examine the law surrounding cha ttels and fixtures as well as the law regarding property possessorship. In affinity to the items removed by the previous owner the law regarding chattels and fixtures would be applicable1. According to the maxim of quicquid plantaur solo, solo cedit2 which translates to mean that whatever is attached to the soil becomes get around of it this would mean that if the seller of a property removed plants from the garden he could be in intermission of the contract. In Elitestone Ltd v Morris 19973 the House of Lords divided the category of fixtures into chattels that have become part and parcel of the knowledge base and other fixtures.If an item can be removed from the property without damaging the material of the property the dally will generally regard such items as chattels4. In this particular case in relation to the carpets it is unlikely that the court would regard these as a fixture as removing them does not interfere with the fabric of the property.The bell might be regarde d as a fixture