Posted: September 16th, 2022

IRAC

Challenge 1: Does the time period of the lease forbid the parking of a caravan?
Rule/s: A caravan in a single’s backyard enjoys a ‘cell’ standing if the identical is taken into account as incidental to the enjoyment of that people residence; which suggests it’s an addition to the person’s residence and never a separate unit. However within the occasion that the person proprietor of the caravan intends that the identical be a separate dwelling place then she or he can be pressured to acquire a planning permission. The identical shouldn’t impede any footway or highway.
The mere proven fact that Jenny has had the caravan on the bench block of the land for a few years with out being questioned to take away is a sign that’s not obstructing any footway or highway and additional there isn’t any point out that the identical is getting used as a dwelling place therefore no have to get hold of a planning permission.
Software: The caravan being a conspicuous object will need to have been seen by the lessor, Bob who has not questioned or raised any concern to the caravan’s existence within the land.
Conclusion: Subsequently it’s apparent that the position of the caravan on the bench block of the land doesn’t violate any time period of the lease.
Challenge 2: Does the caravan represent a fixture or a chattel
Rule/s: Chattels confer with objects that represent private property, Fixtures alternatively confer with chattels hooked up to land that turn into a part of the mentioned land. There may be want to differentiate the 2 because it determines the possession of the merchandise in Question Assignment. A fixture will all the time belong to land proprietor whereas a chattel might belong to a different particular person completely different to the proprietor of the land.
Software: The caravan is bodily hooked up to the land thus it’s a prima facie indication that it constitutes a fixture and never a chattel, though the bodily attachment doesn’t imply that its conclusive that it’s a fixture as when it turns into a Question Assignment for dedication earlier than a court docket of legislation the court docket have to contemplate each the diploma of annexation and object of annexation to find out whether or not the identical constitutes a fixture or a chattel.
Conclusion: The caravan didn’t type a part of the realty as was by no means utilized by Jenny as a dwelling home and as such remained a chattel. Although the caravan has sunk into the soil thus posing difficulties to tow it away Jenny didn’t supposed that the identical be everlasting construction and the truth that it’s discovered on the floor of the land and never below the floor it nonetheless belongs to Jenny thus she is entitled to take away as long as she makes good any harm that’s to happen from the removing.

References
Leigh vs Taylor[1902] AC 157 obtained from http://www.e-lawresources.co.uk/instances/
Lyon & Co vs London Metropolis and Midbank [1903] 2 KB 135 obtained from http://www.e-lawresources.co.uk/instances/
Elitestone Ltd vs Morris and One other [1997] 1 WLR 687 obtained from http://www.e-lawresources.co.uk/instances/
Elwes vs Brigg Fuel Firm (1886) 33 Ch D 562 obtained from http://www.e-lawresources.co.uk/instances/
Waverley Borough Council vs Fletcher [1995] four All ER 756 obtained from http://www.e-lawresources.co.uk/instances/
Mew & Anor v Tristmire [2012] 1 WLR 852 Court docket of Enchantment obtained from http://www.e-lawresources.co.uk/instances/
Fixtures and chattels: http://www.e-lawresources.co.uk accessed at four.00 pm

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