Chattel, Mortgage & Mortgagor
QUESTION:
Examine and consider the law pertaining to whether a chattel has become part of the land or not and discuss legal issues pertaining to the relationship between the mortgagee and the mortgagor.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will examine and consider the law pertaining to whether a chattel has become part of the land or not and discuss legal issues pertaining to the relationship between the mortgagee and the mortgagor.
The common man views land as the ground composed by soil and stones. This is true to some extent but legally land gets its definition from the latin concept which states that “ quic quid plantatur solo, solo cedit” meaning that whatever is attached to land become part of the land. With this in mind, one can define land as that comprising the ground, the subsoil, structures and objects such as buildings, trees and minerals standing or existing underneath the ground.
A Chattel is an object that can either be attached to land or not. A chattel that is attached to land and gained the status of being part of the land is called a fixture while that chattel that is on the land but is not a fixture is called a fitting. Determination on whether a chattel is a fixture or fitting can be done in many ways including the fact that that which has become a fixture cannot easily be removed from the ground it is on unless damage is done to the object and the land. It is also propagated that a chattel is a fixture if it passes to the purchaser together with the land or it is part of the security in a mortgage agreement[1].
For one to say that an object on the land is part of the land i.e is a fixture with certainity, the object has to fulfil two important aspects. These are: a) Degree of annexation: this aspect considers the attachment level to the land of the object being considered. If it is attached so that attempts to remove it injuries the land then the object in question is a fixture and thus is part of the land.
Examine and consider the law pertaining to whether a chattel has become part of the land or not and discuss legal issues pertaining to the relationship between the mortgagee and the mortgagor.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will examine and consider the law pertaining to whether a chattel has become part of the land or not and discuss legal issues pertaining to the relationship between the mortgagee and the mortgagor.
The common man views land as the ground composed by soil and stones. This is true to some extent but legally land gets its definition from the latin concept which states that “ quic quid plantatur solo, solo cedit” meaning that whatever is attached to land become part of the land. With this in mind, one can define land as that comprising the ground, the subsoil, structures and objects such as buildings, trees and minerals standing or existing underneath the ground.
A Chattel is an object that can either be attached to land or not. A chattel that is attached to land and gained the status of being part of the land is called a fixture while that chattel that is on the land but is not a fixture is called a fitting. Determination on whether a chattel is a fixture or fitting can be done in many ways including the fact that that which has become a fixture cannot easily be removed from the ground it is on unless damage is done to the object and the land. It is also propagated that a chattel is a fixture if it passes to the purchaser together with the land or it is part of the security in a mortgage agreement[1].
For one to say that an object on the land is part of the land i.e is a fixture with certainity, the object has to fulfil two important aspects. These are: a) Degree of annexation: this aspect considers the attachment level to the land of the object being considered. If it is attached so that attempts to remove it injuries the land then the object in question is a fixture and thus is part of the land.