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The foundations of Elitestone

Luther, Peter (2008) 'The foundations of Elitestone.' Legal Studies, 28 (4). 574 - 590. ISSN 0261-3875

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Abstract

<jats:p>The decision of the House of Lords in <jats:italic>Elitestone v Morris</jats:italic> [1997] 2 All ER 513 added an extra element to the traditional classification of objects brought onto land. The traditional classification divides such objects into chattels and fixtures. In <jats:italic>Elitestone</jats:italic>, Lord Lloyd of Berwick suggested, borrowing words from <jats:italic>Woodfall on Landlord and Tenant</jats:italic>, that it might be better to apply a threefold classification: chattels, fixtures and items which are ‘part and parcel of the land itself’. This paper explores the origins of this threefold classification, and suggests that there may be little, if any, historical basis for the new third category; it may owe its origins to the confusion which has surrounded the various meanings of the word ‘fixture’. The paper also investigates how the decision in Elitestone has been applied by later courts, and suggests that it is unlikely that it has made the judges' task any easier.</jats:p>

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 05 Dec 2012 12:35
Last Modified: 03 May 2019 11:15
URI: http://repository.essex.ac.uk/id/eprint/4563

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