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

Law of Property - Essay Example She has also noticed that an apple tree in the adjoining garden has branches overhanging her own garden. She wishes to know whether she can cut 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 principal has asked you to research the relevant law and report to the principal (in 1,000 words) on what are the legal principles regarding Outside the word limit, give a bibliography of all books and databases used to carry 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 removed 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 chattels and fixtures as well as the law regarding property ownership. In relation 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 part of it this would mean that if the seller of a property removed plants from the garden he could be in breach of the contract. In Elitestone Ltd v Morris [1997]3 the House of Lords divided the category of fixtures into chattels that have become part and parcel of the land and other fixtures. If an item can be removed from the property without damaging the fabric of the property the court 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 regarded as a fixture