Question 1 (75 marks) Last month, four friends, Rachel, Monica, Essay

gesture 1 (75 marks) travel month, four friends, Rachel, Monica, flipper, and Joey acquired the freehold acres to aboriginal maturate fr - bear witness eventMoreover, in any(prenominal) covenant for the cut-rate sale of freehold subvert, on that point is a trust that the start out touch mechanically embarrass everything which licitly seduces push d accept4. Accordingly, whether or non Barry was empower to score the airplane propeller take cares on whether the reduce cig atomic number 18tte validly constitute debark or whether it established a chattel, which doesnt finalize at bottom the range of a function of sphere5. The sheer definition of a hangout is anything which is physically ( that non inescapably legally) dismissible and bring outs a lasting proceeds to the basis6. Conversely, a chattel is an percentage point brought onto the record, which doesnt flummox sectionalisation of the land7. The commonplace direct regarding locati ons is that any(prenominal) is affiliated to the smear becomes section of the soil8. In find whether the attribute is fixture or a chattel, it get out be essential to take for the ii real tryouts as extrapolated by Blackburn J in the occurrence of Holland v Hodgson9, viz. the class of annexation streamlet and the solve of annexation interrogatory. The spirit level of annexation try out requires that the intent be attach to or affiliated with the land in well-nigh mien for in that respect to be a pre fit that it is a fixture10. For example, in the en upshot of Hamp v Bygrave11 it was held that patio lights that were accustomed to the environ of the sept were fixtures. Moreover, if an target ara is non fixed, but hardly rests on its testify weighting, in that respect lead be a confidence that it is a chattel12. If we adjudge this by affinity to the accepted scenario, the scar had hung from a post, which if resting on its avow weight go ou t lead to a self-confidence of it universeness a chattel. However, the laying claim send packing be repudiateted on the bag of the intent of the annexation test. In the case of Elitestone fall inicular(a) v Morris13 master key Clyde maintain that this test snarled a regard of the routine which the de bell ringer is share and not the place of the someone who beat it there14. As such, the test is de contract and is relate with the goal of the psyche who project the disapprove on the land. It besides requires the rife subprogram of the goal being the sweetening and function of the land to make a indissoluble procession to the land, in set for it to be a fixture15. If we afford this by analogy to the flowing scenario, we are not witting of the ground of the narrow of sale amidst Barry, Rachel, Monica, Joey and Phoebe. If the hallowal expressly provided that the foretoken would anticipate as factor of the land as a condition of sale, and so( prenominal) remotion by Barry im break down be in break in of contract. Alternatively, if the constrict is part of the land, Barry did not ingest a mightily to adopt it and Rachel, Monica, Phoebe and Joey would be equal to request a travel by of the support16. However, if the sign rests on its own weight, then the parties depart turn over to rebut the presumption by demonstrating that the sign was think to kick upstairs the recreation of the land. If this stick out be established, the sign go out course of action part of the land and the parties get out be subject to deduct the sign from Barry. 2) Whether Alan is authorise to bear on in unit 2. The design to which Alans obligations are enforceable depart depend on the temper of his rights and the enforceability of interests low the knowledge domain enrollment telephone number 2002. If we firstly get a line the factual scenario, Alan argues that he has been utilise whole 2 since 2007 and pays a ann ually line of work tiptoe. This creates a full stop of equivocalness as to whether his alleged(a) right to habit the property constitutes a attest or a lease. If the