Land Law X – Fixtures and Chattels

In Never-Stop Railway (Wembley) Ltd v British Empire Exhibitions (1924), British Empire Exhibitions entered into an agreement with Never-Stop railway to occupy as much land as might be reasonable for the purposes of constructing, erecting and operating, a railway line, on the exhibition grounds. Once the exhibition was over British Empire Exhibitions required Never-Stop railway to remove the structures, but the requirement to do so was never stipulated in the agreement. British Empire Exhibitions argued that the requirement to do so was implied.

It was held that when a tenant erects a building or a facility on the land, the building or facility, upon the demise of the lease becomes the property of the landlord, and in such instances and in the absence of any agreement which stipulates to the contrary and if the building or the facility is not erected in contravention of some stipulation in the lease, the tenant is under no obligation to remove the building or the facility upon the completion of the lease.

Copyright © 2019 by Dyarne Jessica Ward

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