Property Law; Accession Flashcards

Property Law; Accession Flashcards What case saw the courts decide that if a tenent build a house on the land of his landlord there is no compensation due to the landlord Shilliday v Smith what case is shows the current effects of accession? (the abolishment of the subjective factors) Brands trustee v brands trustees (1876) What is always the principle in cases of accession?Land What case found the court decide that contract can alter the application of accession, even where something has not acceeded, a contract can carry the right of the accessory J L Choen Motors v Alberts (1985) what happens to the owner of the accessory when accessory occurs by ownership of the principle? Is there any defence avaliable?No defence, If it is done in good faith the owner of the accessory is entitled to repayment of the value Who is the principle in that constructive fixure (parts of heritable building that are so important they should be regarded as heritable although they are movable) Reid 576 where accession occurs by the owner of the accessory, is there any remedy available?No What is the exception to the rule that remedy for the owner of the principle is not due if accession occured by the owner of the accessory?If the owner acted in the reasonable but mistaken belief he had more than a quick passing right to the principle.In accession to moveables to land there are three requirements that seperate fixtures to fittings, what are they?Physical attachment, functional subordination and permanency or quasi permanency When assessing if movable property is A fixture or fitting and looking at the physical attachment, what case saw the courts decide that very heavy subjects are more likley to be attached Christie v Smith's executive 1949 Who decided that accession by a third party means they are liable to pay compensation and they may also be liable to the principle owner for enrichment Reid 577 When two pieces of property have joined together in such a way that one (the accessory) is considered to have becone subsumed in the other (the principle) is the definition of accession by WHO Reid, Property 570 What are the effects of accession?Accessory becomes part of the principal, conversion of accessory into principle and extinction of existing title to the accessory what are the three types of accessionMovaebles to moveables, Moveables to land and land to land

what case saw the courts decide that accession operates mechanicically, with no regard fo the subjective intentions of the parties?Shetland Islands council v BP petroleum ltd 1990 What are the four elements of accessio?Physical attachment, functional subordination and permanency or quasi-permanency The law is unitary (it applies irrespective of parties but what are the two important points on this rule) Contracts can alter accession and constructive fixtures What is the authority for the elements of accessioReid paragraph 571