Land Law Property Law Act

Question: Describe about the Land Law for Property Law Act. Answer: Issue: Whether or not the poles, awning and the sand pit are considered as fixtures? Law: Section 41 of the property act 1969 states any conveyance related to land also includes buildings, ways, fences, fixtures etc. (Western Australian Current Acts, n.d.). Any article which is attached with the original property in such a way that it is considered as a part of the original property. It must be noted that fixtures are in the nature of personal property. Fixtures are something which are attached to the property permanently, and cannot be removed from the original property. Any article which is attached with the original property by its roots, imbedded in the original property, permanently resting on the original property by means of plaster, bolts, cement and screws (Bull, 2012). Goods are considered as fixtures when it became so related to the property that interest under fixtures are created under real estate law. Argument: In this case, Sally is the owner of the property which is registered at 3 George St, London, where she operates childcare business. Inn her property she installed sandpit and a canvas awning above the sandpit, she installed sandpit near the boundary. As we mentioned above any article which is attached with the original property by its roots, imbedded in the original property, permanently resting on the original property by means of plaster, bolts, cement and screws is considered as fixtures, and in this sandpit and a canvas awning is held by the eight limber points. Each limber point is about 20 cm thick and embodied about 2 meters into the ground. The poles are attached with area of the sandpit in a slanted way. It is clear from the description that sandpit and canvas are attached with the property in such a way that it cannot be removed from the original property, and it is attached with the property in such a way that it is considered as part of the original property. Conclusion: In this case, it is clear from the above arguments that sandpit and canvas is attached to the property in such a way that it cannot removed from the property, and considered as part of the property. Therefore, sandpit, poles and canvas are fixtures. 2. Issue: Whether or not these protrusions constitute a trespass against the occupier of the adjoining property, and also state whether the occupier of the adjoining property has any remedy in respect of the protrusions. Law: Protrusion will be considered as trespass to land if protrusion of the article is at such height that such area is for the use of the occupier, and for the enjoyment of the occupier. A question in fact arises whether or not trespass through airspace has occurred on principles of commonwealth law. The answer is depend on the use and enjoyment of the land and the use and enjoyment of the airspace by the occupier (ALRC, n.d.). Section 142 of the civil wrong Act states plaintiff can claim for damages for use and occupation of land. Plaintiff can claim for damages in case if defendant trespass in the property of the plaintiff by airspace. Compensatory damages ma include two types of damages that is general and special damages (Australian Capital Territory Current Acts, n.d.). Argument: In this case, three poles that are holding the awning are placed in a line along the rear boundary of the property, about a meter or so apart. The bottom of each pole is about 5 cm close to the boundary. The tops of these poles are overhang from the boundary and protrude into the airspace of the adjoining property by a minimum distance of about 20 Cm horizontally. Such distance is for the use and enjoyment of the occupier. It was mentioned above that Protrusion will be considered as trespass to land if protrusion of the article is at such height that such area is for the use of the occupier, and for the enjoyment of the occupier. In this case it is mentioned that tops of the poles are overhang in the area which is of use of occupier. Conclusion: In this case, it is clear from the above arguments that poles are trespassing in the adjoining property, and owner of the adjoining property can claim for the damages for the trespassing in the property through airspace. References: Western Australian Current Acts. PROPERTY LAW ACT 1969 - SECT 41. Retrieved on 25th October 2010 from: https://www.austlii.edu.au/au/legis/wa/consol_act/pla1969179/s41.html. Bull, A. (2012). Australia: Fixtures and the Personal Property Securities Act: maintaining the status quo. Retrieved on 25th October 2010 from: https://www.mondaq.com/australia/x/160040/Securities/Fixtures+and+the+Personal+Property+Securities+Act+maintaining+the+status+quo. ALRC. Existing common law causes of action. Retrieved on 25th October 2010 from: https://www.alrc.gov.au/publications/3-overview-current-law/existing-common-law-causes-action. Australian Capital Territory Current Acts. CIVIL LAW (WRONGS) ACT 2002 - SECT 142. Retrieved on 25th October 2010 from: https://www.austlii.edu.au/au/legis/act/consol_act/cla2002194/s142.html.