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In what circumstances may a person who finds an object on, or under the surface of, someone else's land claim ownership of the object? Is the law on this subject satisfactory?
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Write an answer, in not more than 1500 words, to the following question (taken from last year's Land Law examination paper). Answer each part of the question as concisely as possible. Within the 1500 word limit, it is up to you how many words you devote to each part of the question. Support your conclusions by referring to legislation (where appropriate) and case-law. Include a bibliography listing all the works to which you have referred. ANSWER BOTH PART (a) AND PART (b) (a) A commentator has stated that "the law of fixtures is (and will always remain) a rough and ready mechanism behind which competing claims of ownership over different things are settled. Behind a veneer of principle, the law lacks coherence and certainty, and it is strongly arguable that it should not continue in its present form". Outline the tests the courts apply in deciding whether an object is a fixture or a...
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